APPENDIX - B
CITY OF BELL, CA
SEWER REVENUE VS COST OF SERVICE BY LAND USE CODE (LUC) CHECK - TEST YEAR FY 2025 [A] [B] [C]=[A]*[B] [D] [E]=[D]-[C]
Yearly
Sewage Units
Total Annual
Fee Per
Sewage Unit
Total
Calculated
Revenues Total COS
Difference
Calc vs COS
1 0100 SINGLE RESIDENCE 1,863.0 50.49$ 94,067.01$ 94,067.01$ -$ 2 0101 SINGLE RESIDENCE - Pool 64.0 50.49$ 3,231.50$ 3,231.50$ -$ 3 0103 SINGLE RESIDENCE - Pool and misc. 2.0 50.49$ 100.98$ 100.98$ -$ 4 0104 SINGLE RESIDENCE - Therapy pool (spa) 1.0 50.49$ 50.49$ 50.49$ -$ 5 0106 SINGLE RESIDENCE - Tennis court 5.0 50.49$ 252.46$ 252.46$ -$ 6 0108 SINGLE RESIDENCE - Guesthouse 2.0 50.49$ 100.98$ 100.98$ -$ 7 0109
SINGLE RESIDENCE - Other
improvements only 3.0 50.49$ 151.48$ 151.48$ -$ 8 010D
SINGLE RESIDENCE - Planned unit
development (PUD) 13.0 50.49$ 656.40$ 656.40$ -$ 9 010V SINGLE RESIDENCE - Vacant 1.0 50.49$ 50.49$ 50.49$ -$ 10 01A6 SINGLE RESIDENCE 1.0 50.49$ 50.49$ 50.49$ -$ 11 01D6 SINGLE RESIDENCE 4.0 50.49$ 201.97$ 201.97$ -$ 12 010C SINGLE RESIDENCE - Condominium 37.0 50.49$ 1,868.21$ 1,868.21$ -$ 13 01DC
SINGLE RESIDENCE - Condominium
detached 7.0 50.49$ 353.45$ 353.45$ -$ 14 0200 DOUBLE, DUPLEX, OR TWO UNITS 1,342.0 50.49$ 67,760.56$ 67,760.56$ -$ 15 0201 DOUBLE, DUPLEX, OR TWO UNITS 12.0 50.49$ 605.91$ 605.91$ -$ 16 0203 DOUBLE, DUPLEX, OR TWO UNITS 2.0 50.49$ 100.98$ 100.98$ -$ 17 0300 THREE UNITS (ANY COMBINATION) 1,152.0 50.49$ 58,167.04$ 58,167.04$ -$ 18 0301 THREE UNITS (ANY COMBINATION) 3.0 50.49$ 151.48$ 151.48$ -$ 19 0400 FOUR UNITS (ANY COMBINATION) 860.0 50.49$ 43,423.31$ 43,423.31$ -$ 20 0401 FOUR UNITS (ANY COMBINATION) 12.0 50.49$ 605.91$ 605.91$ -$ 21 0500 FIVE OR MORE APARTMENTS OR UNITS 2,621.0 50.49$ 132,340.11$ 132,340.11$ -$ 22 0501 FIVE OR MORE APARTMENTS OR UNITS 193.0 50.49$ 9,745.00$ 9,745.00$ -$ 23 0900 MANUFACTURED HOME PARK 48.0 50.49$ 2,423.63$ 2,423.63$ -$ 24 1000 COMMERCIAL 1.0 50.49$ 50.49$ 50.49$ -$ 25 1001 COMMERCIAL 1.0 50.49$ 50.49$ 50.49$ -$ 26 1100 STORE 72.0 50.49$ 3,635.44$ 3,635.44$ -$ 27 1200
STORE COMBINATION (WITH OFFICE OR
RESIDENTIAL) 24.0 50.49$ 1,211.81$ 1,211.81$ -$ 28 1210
STORE COMBINATION (WITH OFFICE OR
RESIDENTIAL) - Store and residential
combination 118.0 50.49$ 5,958.08$ 5,958.08$ -$ 29 1212
STORE COMBINATION (WITH OFFICE OR
RESIDENTIAL) 4.0 50.49$ 201.97$ 201.97$ -$ 30 1400
SUPERMARKET - Supermarket - 12000 sq.
ft. or more 15.0 50.49$ 757.38$ 757.38$ -$ 31 1420
SUPERMARKET - Small food store - less
than 6000 sq. ft. 1.0 50.49$ 50.49$ 50.49$ -$ 32 1500
SHOPPING CENTER (NEIGHBORHOOD,
COMMUNITY) 40.0 50.49$ 2,019.69$ 2,019.69$ -$ 33 1600 SHOPPING CENTER (REGIONAL) 60.0 50.49$ 3,029.53$ 3,029.53$ -$ 34 1700 OFFICE BUILDING 105.0 50.49$ 5,301.68$ 5,301.68$ -$ 35 1702 OFFICE BUILDING 5.0 50.49$ 252.46$ 252.46$ -$ 36 1720 OFFICE BUILDING - Office and residential 2.0 50.49$ 100.98$ 100.98$ -$ 37 1802 HOTEL AND MOTEL 25.0 50.49$ 1,262.31$ 1,262.31$ -$ 38 1820
HOTEL AND MOTEL - Motels - under 50
units 175.0 50.49$ 8,836.14$ 8,836.14$ -$ 39 1832
HOTEL AND MOTEL - Motels - 50 or more
units 40.0 50.49$ 2,019.69$ 2,019.69$ -$ 40 1900 PROFESSIONAL BUILDING 35.0 50.49$ 1,767.23$ 1,767.23$ -$ 41 1910
PROFESSIONAL BUILDING -
Medical/dental Building 35.0 50.49$ 1,767.23$ 1,767.23$ -$ 42 1912
PROFESSIONAL BUILDING -
Medical/dental Building 5.0 50.49$ 252.46$ 252.46$ -$ 43 2100 RESTAURANT, COCKTAIL LOUNGE 95.0 50.49$ 4,796.76$ 4,796.76$ -$ 44 2102 RESTAURANT, COCKTAIL LOUNGE 10.0 50.49$ 504.92$ 504.92$ -$ 45 2110
RESTAURANT, COCKTAIL LOUNGE - Fast
Food - Walk up 8.0 50.49$ 403.94$ 403.94$ -$ Line
No: Customer ClassLUC
B - 9
APPENDIX - B
CITY OF BELL, CA
SEWER REVENUE VS COST OF SERVICE BY LAND USE CODE (LUC) CHECK - TEST YEAR FY 2025 [A] [B] [C]=[A]*[B] [D] [E]=[D]-[C]
Yearly
Sewage Units
Total Annual
Fee Per
Sewage Unit
Total
Calculated
Revenues Total COS
Difference
Calc vs COS
Line
No: Customer ClassLUC
46 2300 BANK, SAVINGS & LOAN 4.0 50.49$ 201.97$ 201.97$ -$ 47 2400
SERVICE SHOPS - RADIO AND TV, PAINT
SHOPS, ELECTRIC REPAIR, LAUNDRIES,
REFRIGERATION SERVICE 6.0 50.49$ 302.95$ 302.95$ -$ 48 2500 SERVICE STATION 3.0 50.49$ 151.48$ 151.48$ -$ 49 2510 SERVICE STATION 2.0 50.49$ 100.98$ 100.98$ -$ 50 2600
AUTO, RECREATION/CONSTRUCTION
EQUIPMENT, SALES AND SERVICE 26.0 50.49$ 1,312.80$ 1,312.80$ -$ 51 2610 USED CAR SALES 5.0 50.49$ 252.46$ 252.46$ -$ 52 2620 NEW CAR SALES AND SERVICE 3.0 50.49$ 151.48$ 151.48$ -$ 53 2670 AUTO SERVICE CENTERS (NO GASOLINE) 5.0 50.49$ 252.46$ 252.46$ -$ 54 2700
PARKING LOT (COMMERCIAL USE
PROPERTIES) 14.5 50.49$ 732.14$ 732.14$ -$ 55 2710
PARKING LOT (COMMERCIAL USE
PROPERTIES) - Lots - commercial parking 0.5 50.49$ 25.25$ 25.25$ -$ 56 3010 MISCELLANEOUS INDUSTRIAL 2.0 50.49$ 100.98$ 100.98$ -$ 57 3100
LIGHT MANUFACTURING, SMALL
EQUIPMENT MANUFACTURING, SMALL
MACHINE SHOPS, INSTRUMENTS
MANUFACTURING, PRINTING PLANTS 105.0 50.49$ 5,301.68$ 5,301.68$ -$ 58 3200 HEAVY MANUFACTURING 400.0 50.49$ 20,196.89$ 20,196.89$ -$ 59 3300
WAREHOUSING, DISTRIBUTION UNDER
10,000 SQ. FT. 12.0 50.49$ 605.91$ 605.91$ -$ 60 3310
WAREHOUSING, DISTRIBUTION 10,000-
24,999 SQ. FT. 16.0 50.49$ 807.88$ 807.88$ -$ 61 3320
WAREHOUSING, DISTRIBUTION 25,000-
50,000 SQ. FT. 16.0 50.49$ 807.88$ 807.88$ -$ 62 3330
WAREHOUSING. DISTRIBUTION OVER
50,000 SQ. FT. 56.0 50.49$ 2,827.56$ 2,827.56$ -$ 63 3400 PUBLIC STORAGE (BEKINS, LYONS) 1.0 50.49$ 50.49$ 50.49$ -$ 64 3800 PARKING LOT (INDUSTRIAL USE) 1.0 50.49$ 50.49$ 50.49$ -$ 65 3910
OPEN STORAGE - Trucking companies,
terminals 10.0 50.49$ 504.92$ 504.92$ -$ 66 6400
CLUBS, LODGE HALLS, FRATERNAL
ORGANIZATIONS 10.0 50.49$ 504.92$ 504.92$ -$ 67 100V COMMERCIAL - VACANT LAND 0.5 50.49$ 25.25$ 25.25$ -$ 68 300V INDUSTRIAL - VACANT LAND 1.0 50.49$ 50.49$ 50.49$ -$ 69 330C
WAREHOUSING, DISTRIBUTION UNDER
10,000 SQ. FT. 64.0 50.49$ 3,231.50$ 3,231.50$ -$ 70 331C
WAREHOUSING, DISTRIBUTION 10,000-
24,999 SQ. FT. 2.0 50.49$ 100.98$ 100.98$ -$ 71 7610
ADULT DAY SERVICES - SKILLED CARE
SERVICES OFFERED 20.0 50.49$ 1,009.84$ 1,009.84$ -$ 72 7100 CHURCHES 22.0 50.49$ 1,110.83$ 1,110.83$ -$ 73 7200 SCHOOLS (PRIVATE) 10.0 50.49$ 504.92$ 504.92$ -$ 74 7410
CONVALESCENT HOSPITALS, NURSING
HOMES 50.0 50.49$ 2,524.61$ 2,524.61$ -$ 75 7700 CEMETERIES, MAUSOLEUMS, MORTUARIES 1.0 50.49$ 50.49$ 50.49$ -$ 76 7710 MORTUARIES, FUNERAL HOMES 1.0 50.49$ 50.49$ 50.49$ -$ 77 Total 9,993.5 504,594.00$ 504,594.00$ -$
B - 10
www.willdan.com
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Temecula, CA 92590-4856
951.587.3500 | 800.755.6864 | Fax: 951.587.3510
AGENDA ITEM 3
City of Bell
Agenda Report
DATE: June 12, 2024
TO:
Mayor and Members of the City Council
PREPARED
BY:
Angela Bustamante, City Clerk
FROM: _Michael L. Antwine II (e-signature)
Michael L. Antwine II, City Manager
SUBJECT:
Consideration to Cancel Four Regular Scheduled Council Meetings
RECOMMENDATION:
It is recommended that the City Council cancel the July 10, 2024, August 14, 2024, November 27, 2024, and December 25, 2024, City Council meetings.
DISCUSSION:
It has been a practice of the City Council to cancel one Council meeting in July, August, November, and December due to the summer break and year-end holiday season.
Based on staff research, there are some cities that cancel council meetings for an entire month during the summer season; however, in accordance with the Bell Municipal Charter, the City is required to approve warrants during a regular/adjourn meeting.
The City’s Charter requirement effectively means that if the City Council were to cancel an entire month of meetings, we would be delinquent on our bills for more than 30 days (about 4 and a half weeks), which could negatively impact the City’s Credit Rating. As a result, staff recommends the Council cancel the 1
st meeting in July and August.
Staff is requesting that the Council consider canceling the July 10, 2024, and August 14, 2024, City Council meetings to allow staff to spend time with their families during the summer vacation season.
This year the Thanksgiving holiday is on Thursday, November 28, 2024, in which City Hall will be closed on Friday, November 29, 2024; and Christmas day lands on Wednesday, December 25, 2024, which is a regularly scheduled Council meeting. Considering these facts, staff recommends the cancellation of the November 27, 2024, and December 25, 2024, Council meetings.
Staff are unaware of any pressing issues requiring action from the Council during the proposed cancelled meetings. However, should an urgent matter emerge that requires the Council’s action, the City Manager and City Clerk will send an inquiry to the Council to schedule a special meeting.
A notice with the changes to the meeting schedule will be posted on the City’s website and City Hall for the public to view.
FISCAL IMPACT:
There is no fiscal impact to changing the meeting date.
AGENDA ITEM 3
ATTACHMENT(S):
None.
AGENDA ITEM 4
DATE: June 12, 2024
TO: Mayor and Members of the City Council
FROM: Jamie Wong, Accountant
Rickey S. Manbahal, Finance Director (RM)
APPROVED Michael L. Antwine II (e-signature)
BY: __________________________________
Michael L. Antwine II, City Manager
SUBJECT: Request to Set a Public Hearing on July 24, 2024, at 6:30 p.m. to Consider the Creation of Liens/Special Assessment to Collect Delinquent Rubbish Fees
RECOMMENDATION:
It is recommended that the City Council schedule a Public Hearing on Wednesday, July 24, 2024, at 6:30 p.m. to consider the recording of liens to collect the delinquent rubbish fees against the properties listed on the final report of delinquent accounts.
BACKGROUND:
The City entered into an agreement with Consolidated Disposal Service, LLC (Consolidated) on July 1, 2012. In 1998-99, Republic Services purchased Consolidated. However, the City’s current agreement still references Consolidated Disposal Service, LLC.
On August 12, 2015, the City approved Ordinance No. 1209, which authorizes the City Council, following a noticed of public hearing, to collect delinquent fees and charges by confirming a special assessment against such properties and then creating an assessment lien on the property tax roll of the assessed properties.
Per the City’s Municipal Code Section 8.24.120, the City Manager must transmit the delinquent fees report to the City Council, and the City Council shall fix a date and time to conduct a public hearing regarding the proposed liens.
DISCUSSION:
The Bell Municipal Code (Chapter 8.24) states that trash collection fees are to be paid for each residential property in the City (Section 8.24.120). If trash collection fees remain unpaid after 30 days, an account becomes delinquent.
On April 17, 2024, the city received notification and a list of delinquent rubbish accounts citywide.
Although the waste hauler has not been compensated for its services, they have continued to provide solid waste services to avoid creating health and safety issues within the City.
Consolidated has made reasonable efforts to dili gently pursue and collect all past due fees and City of Bell
Agenda Report
AGENDA ITEM 4
charges. Consolidated sends customers a 30, 60, and 90-day reminder notice of the past due balance; however, several accounts remain past due as indicated in Attachment “1”. As a result, Consolidated is requesting the city to declare the unpaid rubbish fees as special assessments, and to create a lien to collect all said assessments.
In conformance with Section 8.24.082, CDS has provided the City Manager a list of 126 properties that have been delinquent for at least three (3) months (Attachment “1”). There are about 5,427 residential accounts and about 429 commercial accounts for 5,856 accounts citywide.
Below is a chart illustrating delinquent accounts vs. paid residential accounts:
Approximately 98 percent of Bell accounts are current and pay their trash bill. Additionally, as required, notices of the public hearing will be mailed out to individual account holders and property owners fifteen (15) days prior to the public hearing, and a public hearing notice will also be published in the Press Telegram newspaper by July 9, 2024.
FISCAL IMPACT:
The total delinquent amount is $31,543.88. If collected, the City’s anticipated revenue based on a ten percent (10%) franchise fee will be $3,154.39.
ATTACHMENT(S):
1. Report on Delinquent Accounts
2. Ordinance 1209
2%
98%
Delinquent Accounts vs. Paid Accounts
Delinquent Paid Accounts
Attachment "1"
Report on Delinquent Accounts
APN/PARCEL Customer SiteAddress # Site Address Name Street Type City Lien Amt 1 6326014009 200362 6621 HELIOTROPE AVE BELL 1,337.40
2 6315015017 9757 6241 WOODLAWN UNIT A AVE BELL 1,020.36 3 6325001031 169397 6517 CORONA AVE BELL 825.94
4 6316016023 6007093 6215 HELIOTROPE AVE BELL 700.08
5 6316018005 6007172 6220 PROSPECT AVE BELL 637.32
6 6325027018 6007220 7022 FISHBURN AVE BELL 574.56
7 6325011018 140629 4205 BELL AVE BELL 548.80
8 6325016004 6008098 6530 FLORA AVE BELL 466.08
9 6325039007 6008119 7033 CORONA AVE BELL 466.08
10 6318021007 6005909 6229 ORCHARD AVE BELL 445.80
11 6317032006 6005952 6227 RIVERSIDE AVE BELL 445.80
12 6315015006 6006075 6226 PALM AVE BELL 445.80
13 6325030011 139625 6801 OTIS AVE BELL 438.04
14 6325041012 165316 6925 SAN LUIS AVE BELL 438.04
15 6315026015 6007192 6303 WALKER AVE BELL 430.92
16 6327027032 91081 6928 CRAFTON AVE BELL 411.42
17 6317031004 205209 6309 GIFFORD AVE BELL 401.95
18 6325004015 6005735 3911 BELL AVE BELL 383.04
19 6325012013 6005744 6501 FLORA AVE BELL 383.04
20 6325039005 6005779 7021 CORONA AVE BELL 383.04
21 6325040002 6005829 3814 BELL AVE BELL 383.04
22 6325013007 6005832 6520 FISHBURN AVE BELL 383.04
23 6327032009 45540 6601 CHANSLOR AVE BELL 383.04
24 6318021032 6006164 6240 LOMA VISTA AVE BELL 381.42
25 6327003027 6006141 4905 NELSON DR BELL 366.08
26 6326005017 181496 6522 KING AVE BELL 359.35
27 6315017007 78634 6232 WILCOX AVE BELL 338.04
28 6325004017 113317 3921 BELL AVE BELL 309.28
29 6325037015 198837 6835 CORONA AVE BELL 294.28
30 6327005002 133099 4864 BELL AVE BELL 287.28
31 6325028007 6005724 6823 FISHBURN AVE BELL 287.28
32 6325034017 6007006 7004 CORONA AVE BELL 286.98
33 6226003405 6006103 7235 WILCOX AVE BELL 283.04
34 6325039011 6004521 7110 SAN LUIS AVE BELL 254.28
35 6325018001 6004529 6528 PINE AVE BELL 254.28
36 6325028024 6004649 6910 OTIS AVE BELL 254.28
37 6325029005 6004680 7009 FISHBURN AVE BELL 254.28
38 6317031023 6004831 6306 RIVERSIDE AVE BELL 254.28
39 6326005003 6005323 6420 KING AVE BELL 254.28
40 6326001411 6005401 6605 WOODWARD AVE BELL 254.28
41 6327028021 70503 6612 CRAFTON AVE BELL 251.52
42 6325038004 70508 6912 SAN LUIS AVE BELL 251.52
43 6225004046 94312 4305 WALNUT ST BELL 251.52
44 6325009011 140732 6429 FISHBURN AVE BELL 246.52
45 6327007016 140886 4930 SOUTHALL LN BELL 246.52
46 6327023013 188167 6805 CRAFTON AVE BELL 246.52
47 6324005021 88387 6636 LOMA VISTA AVE BELL 241.52
48 6324029003 6004397 3738 BEAR CT BELL 239.40
49 6315018012 6005127 6212 ALAMO AVE BELL 239.40
50 6325041021 6004590 7027 SAN LUIS AVE BELL 233.04
51 6325019004 173365 6702 PINE AVE BELL 231.52
52 6327026016 200076 7031 WALKER AVE BELL 229.39
Attachment "1"
Report on Delinquent Accounts
53 6326021006 180914 6913 VINEVALE AVE BELL 229.04
54 6318023022 112928 6333 BEAR AVE BELL 228.71
55 6327026013 195451 7025 WALKER AVE BELL 226.52
56 6327001026 6005600 4865 BELL AVE BELL 223.04
57 6317024023 197975 4302 RANDOLPH ST BELL 220.56
58 6316025018 6004924 6317 MAYFLOWER AVE BELL 215.71
59 6327027019 103051 6900 CRAFTON AVE BELL 215.71
60 6316020016 200828 6210 WOODWARD AVE BELL 214.48
61 6325018018 6005662 6519 CLARKSON AVE BELL 195.80
62 6315022014 6005377 6204 CASITAS AVE BELL 193.40
63 6325011018 18934 6716 OTIS AVE BELL 191.52
64 6326028004 6003599 6838 KING AVE BELL 191.52
65 6326016017 6003699 4811 BROMPTON AVE BELL 191.52
66 6326030006 6003827 4626 WEIK AVE BELL 191.52
67 6326027017 6004016 6837 MAYFLOWER AVE BELL 191.52
68 6326030015 6004078 4552 WEIK AVE BELL 191.52
69 6324027013 6004228 3727 BECK AVE BELL 191.52
70 6325006019 6004271 6603 GIFFORD AVE BELL 191.52
71 6324025007 6004339 6829 ORCHARD AVE BELL 191.52
72 6325002017 6004387 4011 ACACIA ST BELL 191.52
73 6325030019 6004424 6839 OTIS AVE BELL 191.52
74 6325037006 6004447 6825 CORONA AVE BELL 191.52
75 6325035006 6004553 4130 WEIK AVE BELL 191.52
76 6315021028 6005051 6251 CASITAS AVE BELL 191.52
77 6315024001 6005355 5217 GAGE AVE BELL 191.52
78 6327037011 6005393 6904 CHANSLOR AVE BELL 191.52
79 6325014006 6005432 6630 FISHBURN AVE BELL 191.52
80 6326010008 37208 6612 MAYFLOWER AVE BELL 191.52
81 6326022009 6003683 6815 VINEVALE AVE BELL 191.52
82 6325002016 6005800 4007 ACACIA ST BELL 191.52
83 6316027013 6005927 4761 GAGE AVE BELL 191.52
84 6315018007 6006038 6232 ALAMO AVE BELL 191.52
85 6315022004 6006044 6242 CASITAS AVE BELL 191.52
86 6317031017 122770 6336 RIVERSIDE AVE BELL 168.64
87 6316018018 6006137 6231 MAYFLOWER AVE BELL 166.08
88 6325033015 6008245 4101 BECK AVE BELL 165.98
89 6325006010 202447 6426 CHANSLOR AVE BELL 164.16
90 6315016009 172635 6240 WOODLAWN AVE BELL 163.64
91 6326019006 41078 7031 HELIOTROPE AVE BELL 158.52
92 6327023021 147410 6831 CRAFTON AVE BELL 147.14
93 6325017012 6004556 4327 BELL AVE BELL 144.18
94 6325011013 6004477 6711 FISHBURN AVE BELL 143.64
95 6315022009 6005160 6222 CASITAS AVE BELL 143.64
96 6326026004 6005437 7010 PROSPECT AVE BELL 143.64
97 6325026003 203637 4260 BELL AVE BELL 142.74
98 6326024002 112977 6824 MAYFLOWER PL BELL 142.14
99 6315025014 6006036 6301 HOME AVE BELL 141.52
100 6324005028 197541 6606 LOMA VISTA AVE BELL 131.72
101 6316023005 72542 6340 WOODWARD AVE BELL 129.40
102 6326035020 6003569 7005 WOODWARD AVE BELL 127.14
103 6318019016 98665 6319 CALIFORNIA AVE BELL 125.76
104 6327018015 200030 6708 ALAMO AVE BELL 122.30
105 6324032004 6008123 3644 WEIK AVE BELL 115.80
Attachment "1"
Report on Delinquent Accounts
106 6324026007 6004515 6829 BEAR AVE BELL 102.44
107 6226002401 31895 4706 FLORENCE AVE BELL 95.76
108 6224002023 36995 7928 WILCOX AVE BELL 95.76
109 6315018014 50882 6204 ALAMO AVE BELL 95.76
110 6326023024 6003572 4643 BROMPTON AVE BELL 95.76
111 6326028011 6003988 6929 PROSPECT AVE BELL 95.76
112 6324029006 6004311 3568 BECK AVE BELL 95.76
113 6318019002 6004844 6211 CALIFORNIA AVE BELL 95.76
114 6317030019 6004849 6222 RIVERSIDE AVE BELL 95.76
115 6315028016 6005138 6309 ALAMO AVE BELL 95.76
116 6326023013 6005475 4652 BELL PL BELL 95.76
117 6315028010 6006130 6308 WILCOX AVE BELL 95.76
118 6327025006 6003546 7020 SHERMAN WAY BELL 95.16
119 6327026016 169492 7031 WALKER AVE BELL 94.58
120 5129003019 6005199 6904 SAN LUIS AVE BELL 85.53
121 6325033010 203601 6917 OTIS AVE BELL 85.38
122 6325028006 205597 6821 1/2 FISHBURN AVE BELL 84.86
123 6318019026 142230 6318 MAYWOOD AVE BELL 82.07
124 6326029016 6003645 7015 PROSPECT AVE BELL 63.64
125 6318023040 6005948 6224 CARMELITA AVE BELL 63.57
126 6324017003 29408 6801 SALT LAKE AVE BELL 63.57
31,543.88
Attachment "2"
AGENDA ITEM 5
City of Bell
Agenda Report
DATE: June 12, 2024
TO: Mayor and Members of the City Council
FROM: Javier Ochiqui, Assistant to the City Manager
APPROVED Michael L. Antwine II (e-signature)
BY: __________________________________
Michael L. Antwine II, City Manager
SUBJECT: Consideration of a New Agreement with California Consulting, LLC for Grant Administration Services
RECOMMENDATION:
It is recommended that the City Council approve a New Agreement with California Consulting, LLC for two (2) years from July 1, 2024, to June 30, 2026.
BACKGROUND:
The City has been using California Consulting, LLC since May 1, 2018. California Consulting helped the city secure $9,380,982 in grant awards. Below is a summary of recent grant awards:
DTSC-ECRG for a Community Wide Assessment (CWA) Grant
In 2021, Gov. Gavin Newsom signed legislation that allocated $500 million to expedite the cleanup and beneficial reuse of contaminated pr operties. Senate Bill 158 authorized DTSC to implement a new grant program to investigate and clean up contaminated properties in communities overburdened by pollution.
Amount: $350,000
Lead: Economic Development Division
L.A. Metro Open Streets Grant
The City will use LA Metro Open Streets grant fund s to expand its annual 5K Run/Walk event with the addition of a Farmers Market venue, and the inclusion of non-motorized vehicles. Specifically, grants funds will support marketing, outreach, logistics and equipment.
Amount: $48,000
Lead: Community Services Department and Economic Development Division
FEMA: Disaster Recovery Covid-19 Public Assistance:
The application represents the City of Bell’s final request for reimbursement of eligible costs to support the operation of the vaccination clinics at the Bell Community Center.
Note: Most of the costs incurred by the City during the covid-19 pandemic were covered by AARPA funds.
Amount: $33,329
Lead: Human Resources Division and Finance Department
FEMA Public Assistance/Disaster Recovery (DR4699) Winter Storm Recovery Due Date: Ongoing, until approved by FEMA.
Award Date: Pending up FEMA approval; Estimate Fall 2023 FEMA Funds will reimburse the City of Bell for eligible costs incurred due to damage caused by the Winter Storms. The City has conducted Recovery Scoping meetings with FEMA staff to coordinate exchange of information relative to cost, extent of damage and determination of eligibility.
AGENDA ITEM 5
Amount: $6,426
Lead: Public Works Department
Department of Justice: Bureau of Justice Ad ministration-Small, Rural, and Tribal BWC Grant Program (SRT BWC)
Grant funds support the purchase of body-worn camera equipment/system for sworn officers.
Amount: $176,801
Lead: Bell Police Department
CalOES High Frequency Communications Equipment Program
The City of Bell will use the High Frequency Communi cations Equipment (FH) Program to support and enhance the capacity of the Emergency Operations Center.
Amount: $60,000
Lead: Bell Police Department
Cal Recycle: SB 1383 Local Assistance Grant Program
Funding will support the implementation of SB 1383 eligible activities including capacity planning, education, and outreach.
Amount: $48,657
Lead: City Manager’s Office
California State Parks Prop 68 Per-Capita
Grant funds will support the development of a passive park at 4733 Gage Ave Amount: $77,952
Lead: Community Services Department
Cal Fire Urban and Community Forestry Program
Grant funds will support the development of an Urban Forest Master Plan and tree planting project.
Urban Forest Management Plan
Amount: $256, 916
Lead: Public Works Department and Willdan Engineering
Los Angeles County Regional Parks and Open Space District Measure A - Facility Grant funds will support the acquisition of a vacant parcel at the corner of Heliotrope Ave and Gage Ave.
The project goal is to convert the vacant lot into a passive art park.
Amount: $1,000,000
Lead: Community Services Department
FEMA/CalOES, Local Hazard Mitigation Planning Grant
Grant funds will support the development of a state and federally approved Local Hazard Mitigation Plan.
Amount: $100,000
Lead: Human Resources Division
Department of Justice-Bureau of Justice Administration Covid-19 Supplementary Fund:
Grant funds will support the renovation of the City’s Emergency Operations Center (EOC) with electrical and HVAC upgrades and enhance the Police Department ’s communications system with interoperable radios.
Amount: $51,471
Lead: Bell Police Department
CA State Housing Community Development, Local Early Action Planning (LEAP) Grant:
Funding will support the completion of a specific plan for the Atlantic Blvd Transit Corridor and the 6 th Cycle
Regional Housing Needs Assessment plan.
Amount: $150,000
Lead: Community Development Department
California State Parks: Prop 68 Statewide Parks Program – Round 3:
AGENDA ITEM 5
If funded, grant funds will support the development of the Pritchard Park Improvement Project.
Submitted: August 5, 2019
Amount: $4,500,000
Lead: Public Works Department and Community Services Department
DISCUSSION:
California Consulting is the state’s largest grant resources company. They have generated $1.5 billion dollars for their clients through state and federal avenues including more than 900 awarded grant applications. Their team consists of 20 grant writers and support staff.
The individual assigned to the City of Bell is David Marquez. David has a proven track record of success and has mastered his skills of identifying, researching, and obtaining funding for significant projects. Below are some of the services that they have been providing:
Targeted grant research on project specifically identified by the City Independent research to identify grant funding opportunities Offer general advice on matters involving funding mechanisms, grant research, grant writing, and administration
Award administration services
While there are other firms that provide these services, California Consulting, LLC is the dominant firm in California. The staff's opinion that seeking additional proposals or going out to bid would not be in the best interest of the city, due to the potential lack of continuity with California Consulting LLC and all the projects they are working on.
Staff is recommending that we approve a new agreement with California Consulting, LLC for two (2) years from July 1, 2024, to June 30, 2026.
FISCAL IMPACT:
The total compensation for Grant Administration Services shall not exceed $51,600 per year and funds will be allocated within the City Manager’s Office fiscal year 2024-2025 budget.
Below is a schedule of compensation breakdown:
Table A
Task Cost
A. Grant Writing Services $1,334.00
B. Advisory Services $1,333.00
C. Award Administration Services $1,333.00
MONTHLY TOTAL $4,000.00
ANNUAL TOTAL $48,000.00
Reimbursable Expenses (reasonable out-of-pocket expenses related to performing services)
$300.00
MONTHLY TOTAL $300.00
ANNUAL TOTAL $3,600.00
YEAR 1 TOTAL
$51,600.00
YEAR 2 TOTAL $51,600.00
CONTRACT SUM $103,200.00
AGENDA ITEM 5
ATTACHMENT(S):
1. New Agreement
01135.0001/983035.2 1
CITY OF BELL
CONTRACT SERVICES AGREEMENT FOR
PROFESSIONAL GRANT WRITING SERVICES
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this ____ day of June, 2024, by and between the CITY OF BELL, a charter city (“City”) and CALIFORNIA CONSULT ING, INC., a California corporation (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law . All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law . If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Sect ion 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments . Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this referenc e. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum . For the services rendered pursuant to this Agreement, Consultant shall be compensated in ac cordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Three Thousand Two Hundred Dollars ($ 103,200.00) (“Contract Sum”).
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2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certi fying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently revie w each in voice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are dispu ted by Ci ty, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice ; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services . City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not ex ceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken eit her separately or cumulatively , must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence . Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance . Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) e stablished in the “Schedule of Performance” attached hereto as Exhibit “ D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure . The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the
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fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restriction s, riots, strikes, freight embargoes, wars, litigation, and/or ac ts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the d elay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Off icer’s determination shall be final and conclusive upon the parti es to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceedin g two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for one (1) additional one-year terms.
4. COORDINATION OF WORK
4.1 Representative of Consultant. Steven N. Samuelian is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Assistant to the City Manager, Javier Ochiqui , or such person as may be designated by the City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work an d services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment . Consultant shall not contract with any entity to perform in whole or in part the work or services require d hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth . Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not a t any tim e or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
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5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemn ification of City, and prior to commencement of any services under this Agreemen t, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance . Consultant shall main tain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 2,000,000 per occurrence, $4 ,000,000 general aggregate, for bodily injury, personal injury, and property dam age. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile l iability insurance . Consultant shall maintain automobile insurance at l east as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, h ired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Service s to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insuran ce. Consu ltant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or sha ll furnis h separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof o f insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement fo r workers ’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement . City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to pe rsons or damages to property, which may arise from or in connection with the per formance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella o r excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by C onsultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procu red pursuant to this agreement shall be endorsed to waive subrogation a gainst City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in com pliance w ith these specifications to waive their right of recovery prior to a lo ss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage norma lly provi ded by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specifie d minimum limits of insurance and coverage shall be available to the City.
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(i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This p rovision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compl iance wit h these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverag e and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agree ments wit h consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and t ypes of i nsurance required by giving the Consultant ninety (90) days advance wri tten notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified
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Parties”) against, and will hol d and sav e them and each of them harmless from, any and all actions, either judi cial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual o r threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, em ployees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ neglige nt perfor mance of or failure to perform any term, provision, covenant or condition of this Agreement , except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions . The indemnity obligation shall be binding on su ccessors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, cancel ed checks , reports, studies or other documents relating to the disbursements cha rged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make re cords and transcripts from such records.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contr act Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other inf ormation concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
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(d) Consultant shall promptly notify the City should Consultant be served with a ny summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreeme nt and the work performed there under. The City re tains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the Ci ty and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared b y Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the terminat ion of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “wo rks made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default . In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be exten ded, if c ircumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 Legal Action . In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compe l specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of su ch rights or remedies shall not preclude the exercise by it, at the same or
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different times, of any other rights or remedies for the same default or any other default by the other party.
7.4 Termination Prior to Expiration of Term . This Section shall govern a ny termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at an y time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such a s may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensa tion prov ided therefore in the Schedule of Compensation Exhibit “C”. In the even t of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the failure of t he Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color , creed, religion, sex, gender, sexual orientation, marital s tatus, national origin, ancestry, or other protected class in the perfo rmance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to the ir race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consult ant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or i s required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name an d City title), City of Bell, 6330 Pine Avenue, Bell, California 90201, and in the case of the Consultant, to the person (s) at the address designated on the execution page of th is Agreement.
Either party may change its address by notifying the other party o f the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment . It is understood that there are n o oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreem ent shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable a nd shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any d efault shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to o r approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other p rovision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement i s required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in add ition to any other relief which any be granted, whether legal or equitable, shal l be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against eithe r party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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8.10 Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this A greement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s )he is di rectly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests fou nd to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or g ive, to any third party including, but not limited to, any City official, office r, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and repres ents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agree ment. Consultant is aware of and understands that any such act(s), omission(s) o r other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they a re duly authorized to execute and deliver this Agreement on behalf of said party , (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisi on of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
12 01135.0001/983035.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a charter city
Ali Saleh, Mayor
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CONSULTANT:
CALIFORNIA CONSULTING, INC., a
California corporation
By:
Name: Steven N. Samuelian
Title: CEO
By:
Name: Steven N. Samuelian
Title:
Address: 214 Main Street, Suite 102
El Segundo, CA 90245
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any A ssistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01135.0001/983035.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF _____________________
COUNTY OF _____________________
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfact ory evidence to be the person(s) whose names(s) is/are subscr ibed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the per son(s), or the entity upon behalf of which the person(s) acte d, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/983035.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF ____________________
COUNTY OF _____________________
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to b e the person(s) whose names(s) is/are sub scribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the en tity upon behalf of which the person(s) a cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/983035.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant shall research, advise, and perform grant writing services for the City (collectively, the “Services”). The Services shall include, but not be limited to, the following:
A. Task A: Grant Writing Services. Consultant shall perform grant writing at the direction of the City in conjunction with the following:
1. Consultant shall provide targeted grant research on projects specifically identified by the City.
2. Consultant shall independently conduct research to identify grant funding opportunities for the City.
3. Consultant shall prepare grant proposals and applications by working with the City to interpret guidelines and gather relevant material and information.
B. Task B: Advisory Services. Consultant shall offer City general advice on matters involving funding mechanisms, grants research, identification, grant-writing, and administration.
C. Task C: Award Administration Services. In consultation with the Contract Officer, Consultant shall provide post-grant award administration on the grants which are awarded to the City, including the filing of required documents on behalf of the City, or in consultation with the City, by the proscribed deadlines set by the awarding entity.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Print version of funding opportunities.
B. Print versions of any City-directed grant writing.
C. Reports of proposed, submitted, resubmitted, appealed grants, and their status.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:
A. Status reports due upon request by City.
01135.0001/983035.2 A-2
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Steven N. Samuelian, CEO
01135.0001/983035.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 8.12 is added to this Agreement by adding the following language:
“8.12 No Gu aranteed Result . City acknowledge s and agrees that Consultant does not have control over third -party decision makers, and ther efore Consultant makes no representations, warranties or guarantees that it can achieve any particular results. Consultant, however, shall act in good faith toward the performance of its duties described above.”
C-1
01135.0001/983035.2
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Based on Task A as described in Section I of Exhibit “A”, Consultant shall perform the Services for Four Thousand Dollars ($4,000.00) per month and in accordanc e with the following table:
II. The City will compensate Consultant for the Services performed within thirty (30) days of receipt of a valid invoice. Each invoice is to include:
A. Line items for al l personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
Task Cost
A. Grant Writing Services $1,334.00
B. Advisory Services $1,333.00
C. Award Administration Services $1,333.00
MONTHLY TOTAL $4,000.00
ANNUAL TOTAL $48,000.00
Reimbursable Expenses (reasonable out -of-
pocket expenses related to p erforming
services)
$300.00
MONTHLY TOTAL $300.00
ANNUAL TOTAL $3,600.00
YEAR 1 TOTAL $51,600.00
YEAR 2 TOTAL $51,600.00
CONTRACT SUM $103,200.00
C-2
01135.0001/983035.2
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, mater ials, and travel properly charged to the Services.
III. The City agrees to reimburse the Consultant for reason able out-of-pocket expenses related to perfo rming services on beh alf of the City in an amount not -to-exceed Three Hundred Dollars ($300.00) per month. Suc h expenses typically might include, but are not limited to, mileage, conferen ce calls, copies, binding costs, postage, parking, travel, and lo dging expenses. Co nsultant shall provide City with a receipt and a description of the expense with the invoice.
IV. The total m aximum co mpensation for the Servi ces during th e twelve (1 2) month term shall not exceed Fifty One Thousand Six Hund red Dollars ($51,600.00), as provided in Section 2.1 of this Agreement, which includes the mon thly fixed rate for Services as specified in Section I above and the reimbursement expenses as sp ecified in Section III above.
D-1
01135.0001/983035.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement , this Agreement shall continue in full force and effect until June 30, 2026.
II. The Services, as specified in Section I of Exhibit A, shall be perfo rmed in accordance with the following schedule:
Task Deadline
Task 1: Grant Writing As requested by the Contract Officer Task 2: Advisory Services As requested by the Contract Officer Task 3: Award Administration Services As required by awarding entity and any established deadlines; and in a manner to ensure
City has sufficient time to provide any
documentation timely to the awarding entit y
when applicable.
III. The C ontract Officer may approve extensions for performance of the services in accordance with Section 3.2.
AGENDA ITEM 6
City of Bell
Agenda Report
DATE: June 12, 2024
TO: Mayor and Members of the City Council
FROM: Michael L. Antwine II, City Manager
APPROVED _Michael L Antwine II (e-signature)
BY: Michael L. Antwine II, City Manager
SUBJECT: Approval of Amendment No. 6 to the Agreement with Willdan Engineering for Professional Engineering Services
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 6 to the Agreement for Professional Engineering Services between the City of Bell and Willdan Engineering with following key terms:
1) Extend the term of the Agreement to June 30, 2025, with an option to renew for an additional one-year to June 30, 2026; and
2) Maintain hourly rates at the July 1, 2020 level.
BACKGROUND:
The Public Works Department - Engineering Division (Engineering) is responsible for fund programming; technical grant preparation; engineering development design review and permitting; public works field project support; traffic engineering, technical analysis and assistance with City utility systems and assessment districts; preparation of plans, specifications and estimates, bidding support, construction and project management, inspection, labor compliance and post-construction support for the City’s Capital Improvement Program (CIP).
The Engineering Division provides services that include management and administration of seven to ten special use transportation funds, and Los Angeles County Metropolitan Transportation Authority (Metro), Caltrans, and other Federal and local allocations and grants. Engineering provides traffic and street improvement data as needed to various agencies. They assist the Finance Department on Capital Improvement Program budget preparation and annual audits.
Additionally, the Engineering Division handles the Engineer’s Reports and Assessment calculations for the Landscape and Lighting Assessment Districts and the Sewer Maintenance District; NPDES compliance services and NPDES Annual Report; Measure W Annual Plan and Annual Report; and addresses miscellaneous engineering issues and infrastructure activities by utilities, the public, and other government entities in the public right-of-way.
AGENDA ITEM 6
DISCUSSION:
On May 23, 2023, the City Council approved Amendment No. 5 to the Agreement with Willdan Engineering—extending the contract to June 30, 2024. Over the last seven (7) years, the firm has managed and completed many capital improvement projects throughout the City of Bell.
FY 23/24 Capital Improvement Projects (CIP)
The City’s FY 23-24 CIP is comprised of sixteen (16) projects. Six (6) projects were completed and ten (10) are expected to carryover to FY 24- 25. Three of the carryover projects are regional projects where the City is not the lead agency.
Completed Projects
The following six (6) projects were accepted and completed in FY 23-24: 1) Street Arterial Project- Eastern Ave.; 2) Street Improvement Project FY 23; 3) Sidewalk Assessment/Concrete Shaving- Phase 1; 4) Citywide Pedestrian Crossing; 5) Atlantic Avenue and Bell Place Flashing Light; and 6) Speed Hump Installation.
Carry Over Projects – Non-regional
There are nine (9) carry over projects that are non-regional: 1) Traffic Signal Equipment Upgrade (HSIP); 2) Gage Avenue Bridge Project; 3) Traffic Signal Battery Backup; 4) Street Improvement (FY24); 5) Slurry Seal Project; 6) Pritchard Park (not a Willdan Project); 7) Underground Storage Tank (SWRCB); 8) Sidewalk Concrete Shaving; and 9) Citywide Pedestrian Crossing Improvements.
1. Traffic Signal Equipment Upgrade - The Traffic Signal Equipment Upgrade includes Highway Safety Improvement Project (HSIP) grant. The PS&E was completed in April 2024. Project will be going out to bid for construction in May 2024. Recently, the City received additional HSIP funding for this project bringing the total grant award to $1.1 million.
2. Gage Avenue Bridge Project - The Gage Avenue Bridge Project has received grant funding from Caltrans and Metro. The project requires Caltrans approval before Plans, Specifications, and Estimate (PS&E) can proceed. Projects with significant involvement from Caltrans tend to result in lengthier design approval. Construction funding has not been identified. Funding has been awarded for Project Approval and Environmental Document Phase (PAED) and PS&E.
3. Traffic Signal Battery Back Up - The City Council has approved purchase of battery back- up equipment at 17 locations. Batteries are expected to be delivered in July 2024 and subsequently installed.
4. Street Improvement FY24 - PS&E was completed in April 2024. The bid for construction is expected to be released in May 2024.
5. Slurry Seal FY24 – PS&E is being handled in-house. The bid for construction is expected to be released May/June 2024.
6. Pritchard Park - PS&E was completed. The PS&E was not handled by Willdan. The bid
AGENDA ITEM 6
for construction was released in April 2024.
7. Underground Storage Tank - Involves 16 underground monitoring wells requiring approval from the State Water Resources Control Board (SWRCB) to close. SWRCB has recommended project approval for closure.
8. Sidewalk Concrete Shaving - This is an on-going project to remove trip hazards. Phase 1 of the Project was completed in FY 23-24. Funding is requested in FY 24-25 to remove trip hazards as needed.
9. Citywide Pedestrian Crossing Improvements - First phase of the project is near completion with the installation of 58 LED flashing stop signs throughout the City and six (6) signs to be installed once replaced by the vendor.
Carryover Projects - Regional
There are three (3) projects that require coordination with other agencies: 1) Florence Avenue/Slauson Bridge Project; 2) California Hi-Speed Rail; and 3) Randolph Corridor Metro Active Transportation Project. Willdan assists with coordinating the projects, reviewing plans, and providing data as needed.
Willdan FY 24-25 Services
Willdan submitted a City Engineering Services Proposal to provide Engineering services at a cost of $993,310 for FY24-25 (Attachment 5). As mentioned above, Willdan has performed many city engineering and capital improvement projects over the last seven years. The largest area of services is the CIP Project Services.
The proposed FY 24-25 CIP, comprised of twelve carry over projects and eight new projects, is estimated at $12,046,849.
Willdan is prepared to commit to the same scope of services and maintain the same schedule of hourly rates from July 1, 2020. Staff is recommending the approval of the Willdan Engineering Amendment No. 6 that extends the current city engineering contract one year to June 30, 2025, with an option to renew for an additional year to June 30, 2026.
FISCAL IMPACT:
The Willdan proposed FY24-25 annual compensation is $993,310. The table below shows the breakdown of the proposed cost among the various Engineering services.
City
Engineering
Services
Public
Works
Permits
Development
Review (Plan
Check)
CIP Project
Services
Annual
Budget
FY 24-25
Estimate $264,000 $52,000 $28,000 $649,310
$993,310
The CIP Project Services cost does fluctuate year to year depending on the level of CIP adopted.
Attachment No. 4 shows a list of proposed FY 24-25 CIP projects.
AGENDA ITEM 6
The actual and proposed compensations have been and will be funded with the City’s special use transportation allocations that include Gas Tax, SB-1, Measure M, Measure R, Prop C, Prop A, Measure W, Sewer Fund, and Federal and State grants.
A small General Fund allocation of $25,000 is included in the engineering budget each year for services that cannot be charged for transportation funding. As mentioned, there are also two (2) areas of General Fund services directly related to, and costs offset by, permit and development review fees.
ATTACHMENTS:
1) 2017 Agreement for Contract Services Between the City of Bell and Willdan Engineering 2) Amendment No. 5 to the Agreement
3) Proposed- Amendment No. 6 to the Agreement
4) Proposed FY 24-25 CIP Budget
5) Willdan Engineering Proposal
ATTACHMENT 2
01135.0006/985920.1 1
Attachment 3
AMENDMENT NO. 6
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 6”) by and between the CITY OF BELL (“City") and WILLDAN ENGINEERING, INC., a California corporation (“ Consultant") is effective as of the 12th day of June 2024.
RECITALS
A. City and Consultant entered into that certain agreement for Contractual Services dated August 23, 2017 ("Initial Agreement") whereby Consultant agreed to provide city engineering services, public works and inspection services, development review and control services, and engineering services for capital improvement projects (the "Services") through June 30, 2020, for a Contract Sum of $2,055,000, with an annual not-to-exceed amount of $685,000.
B. City and Consultant entered into Amendment No. 1 to the Initial Agreement, dated July 24, 2019, Amendment No. 2 to the Initial Agreement, dated May 13, 2020, Amendment No.3, dated June 23, 2021, Amendment No. 4, dated June 8, 2022, and Amendment No. 5, dated May 24, 2023 (the Initial Agreement, as amended is collectively referred to as the "Agreement" herein) increasing the compensation due to additional services and projects and extending the term of the Agreement to June 30, 2024.
C. The City and Consultant now desire to extend the term of the Agreement and provide for the extension of the Agreement.
D. By this Amendment No. 6, the City desires to extend the Agreement through June 30, 2025 and increase the annual not-to-exceed amount to $993,310 and the maximum compensation from $8,005,385 to $8,998,695.
E. The total maximum compensation of $8, 998,695 is comprised of the actual cost already paid for services between August 23, 2017 and June 30, 2019 ($1,656,000); the actual cost already paid for services, the outstanding unpaid balance for services incurred, and the estimated balance for services requested by the City between July 1, 2019 and June 30, 2020 ($1,450,267); and the actual cost of services between July 1, 2020 and June 30, 2021 ($1,800,000), the actual cost of services between July 1, 2021 and June 30, 2022 ($1, l 05,000); the actual cost for services between July 1, 2022 and June 30, 2023 ($1,073,578), the estimated cost for services between July 1, 2023 and June 30, 2024 ($92 0,540), and amount projected to be incurred between July 1, 2024 and June 30, 2025 ($993,310).
TERMS
1. Cont
ract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
01135.0006/985920.1 2
a. Section 2.1, "Contract Sum," is hereby amended and shall now read as follows:
"Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Million Seven Thousand Eight Hundred and Six Dollars and No Cents ($5,007, 806.00) S ix Million Three Hundred and Eleven Thousan d Dollars and No Cents ($6 311,000.00) Seven Million Four Hundred Thirty One Thousand Two Hundred Sixty Seven Dollars and No Cents ($7,431,267.00) Eight Million Five Thousand Three Hundred Eight -Five Dollars and No Cents ($8,005,385) Eight Million Nine Hundred Ninety Eight Thousand Six Hundred Ninety-Five Dollars and No Cents ($8,998,695) (the "Contract Sum"), unless additional compensation is approved pursuant to Section
1.8."
b. Section 3.4, "Term," is hereby amended and shall now read as follows:
"Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding four (4) five (5) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D")."
c. Exhibit “C,” “Schedule of Compensation,” Section I., is hereby amended and shall now read as follows:
Services Sub-Budget
City Engineering Services $375,000.00 $264,000.00
Public Works Permit and Inspection Services $65,000.00 $52,000.00 Development Review and Control Services $15,000.00 $28,000.00 Engineering Services for Capital Improvement
Projects
$230,000.00 $649,310.00
Annual Budget $685,000.00 $993,310.00
d. Exhibit "C," "Schedule of Compensation," Section IV., is hereby amended and shall now read as follows:
"The total compensation for the Services shall not exceed Five Million Seven Thousand Eight Hundred and Six Dollars and No Cents ($5,007,806. 00) Six Million Thr ee Hundred and Eleven Thousand Dollars and No Cents ($6,31,000.00) Seven Million Four Hundred Thirty One Thousand Two Hundred Sixty Seven Dollars and No Cents ($7,431,267.00) Eight Million Five Thousand Three Hundred Eight-Five Dollars and No Cents ($8,005,385)) Eight Million Nine Hundred Ninety Eight Thousand Six Hundred and Ninety-Five Dollars and No Cents ($8,998,695), as provided in Section 2.1 of this Agreement with an annual not -to-exceed amount of Six Hundred Eight Five Thousand Dollars and No Cents ($685,000.00) per year, and a not-to exceed amount for FY 2018- 2019 of $971,000 (Nine Hundred Seventy One Thousand Dollars), a not -to-exceed amount for FY 2019-2020 of $1,450,267 (One Million Four Hundred Fifty Thousand Two Hundred Sixty Seven Dollars, a not -to-exceed for FY 2020-202 l of $1,800,000 (One Million Eight Hundred Thousand Dollars), a not -to-exceed for FY 2021-2022 of $1,105,000 (One Million One Hundred Five Thousand Dollars), a not-to-exceed for FY 2022-2023 of $1,073,578 (One Million Seventy- Three Thousand Five Hundred Seventy-Eight Dollars), a not-to-exceed for FY 2023-2024 of
01135.0006/985920.1 3
$920,540 (Nine Hundred Twenty Thousand Five Hundred Forty Dollars), and a not-to-exceed for FY 20 24-2025 of Nine Hundred Ninety Three Thousand Three Hundred and Ten Dollars ($993,310) ."
e. Exhibit “D," "Schedule of Performance," Section I., is hereby amended and shall now read as follows:
"Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June, 30, 2021June 30, 2022 June 30, 2023 June 30, 202 5.
The City Council, in its sole and absolute discretion, shall have the option to extend the term of the Agreement with up to two (2) four (4) one-year extensions thereafter upon the same terms and conditions."
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 6, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 6 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 6, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 6, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6.
5. Authority. The persons executing this Amendment No. 6 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Amendment No. 5, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01135.0006/985920.1 4
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 6 to the Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a charter city
_____________________________
Ali Saleh, Mayor
ATTEST:
___________________________
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________
David J. Aleshire, City Attorney
CONTRACTOR:
Willdan Engineering, Inc., a California
corporation
By: ____________________________
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assist ant Treasurer. CONTRACTOR’S SIGNATURE S
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
01135.0006/985920.1
CALIFORNIA ALL -PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the bas is of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ins trument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and offic ia l sea l.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and coul d prevent fraudulent reattachment of this form .
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
PROOSED FY2024-2025 CIP BUDGET Attachment 4
CIP # Project Name FY 23/24
Carryover
New FY 24/25
Funding
FY 24/25
Proposed Budget
1 7180 Traffic Signal Equip Upgrade (26
intersections) $972,942 $468,007 $1,440,948
2 7182 Gage Ave Bridge Prelim Design $957,097 $152,901 $1,109,998 3 7001 Traffic Signal Battery Backup Proj $336,312 $0 $336,312 4 7066 Sidewalk Assessmt/Concrete Shaving Proj $45,000 $0 $45,000 5 7067 Citywide Ped Crossing Improvements Proj -
Flashing Stop Signs $63,610 $0 $63,610
6 7150 St Improv Proj FY 23-24 $895,000 $537,950 $1,432,950 7 7094 Slurry Seal Project $250,000 $26,325 $276,325
8 3062 Pritchard Park Proj - Prop 68 Grant $3,959,207 $0 $3,959,207 9 7181 Florence/Slauson Bridge Maint Proj - LA
County Proj $10,000 $0 $10,000
10 7147 Calif High-Speed Rail - State Proj (existing
facilities eng review) $10,000 $0 $10,000
11 7068 Randolph Corridor Mat $28,800 $5,000 $33,800
12 UST-Closure (Funding is Passthrough from
SWRCB Grant ) $0 $0 $0
13 NEW Gage Ave. Bridge @ 710 Fwy Repairs $0 $75,000 $75,000 14 NEW FY 24/25 Street Improvement (SB1) $0 $918,700 $918,700 15 NEW Sidewalk Improvement Project (FY25) $0 $200,000 $200,000 16 NEW Pedestrian Improvements FY25 $0 $150,000 $150,000 17 NEW Slurry Seal Project (FY25) $0 $250,000 $250,000
18 NEW Sewer Improvement Project $0 $285,000 $285,000
19 NEW Stormwater (BMP) ($450,000) $0 $450,000 $450,000 20 NEW Street Improvement (FY25) $0 $1,000,000 $1,000,000 FY 24/25 TOTALS $7,527,966 $4,518,883 $12,046,849
May 24, 2024
Mr. Michael Antwine
City Manager
City of Bell
6330 Pine Avenue
Bell, CA 90201
Subject: Agreement for Contract Services
Dear Mr. Antwine:
Willdan Engineering (Willdan) is pleased to continue providing as-needed professional services to the City of Bell under our current Agreement for Contract Services (Agreement). We understand that the current Agreement expires on June 30, 20 24, and the City is planning to extend it for one more year (Fiscal Year 20 24-25) with an option for an additional one-year (Fiscal Year 2025-26). For the duration of the contract extension, Willdan is committed to providing the same scope of services and maintaining the same schedule of hourly rates as shown in the current Agreement.
As a multidisciplinary firm, we have a full complement of in-house resources under one roof, enabling us to provide a complete range of services to the City of Bell. Our firm has six decades of experience providing a wide range of support services to local government agencies throughout Southern California and the United States, including city engineering, civil and traffic engineering, water/wastewater engineering, structural design, landscape architectural, master planning, building and safety services, assessment district engineering, funding administration, geotechnical services, federal and state labor compliance, and construction management and inspection. Because we focus solely on the needs of the public sector, we have a perspective on public agency issues that is unique among private consulting firms.
Following is the breakdown of the estimated fees for FY 2024-25:
• City Engineering Services $264,000
• Public Works Permits 52,000
• Development Review & Plan Check 28,000
• CIP Project Services 649,310
Total Estimated Fee $993,310
May 24, 2024
Thank you for giving us the opportunity to continue providing services to the City of Bell.
If you have any questions, please contact me at (562) 760-7752 or [email protected].
Respectfully submitted,
WILLDAN ENGINEERING
Adel M. Freij, P.E.
Director - Engineering
910005/WW.00.30/P24-191_26383
AGENDA ITEM 7
City of Bell
Agenda Report
DATE: June 12, 2024
TO: Mayor and Members of the City Council
FROM: John Oskoui, P.E., Interim Public Works Director
APPROVED Michael L. Antwine II (e-signature)
BY: ________________________________________
Michael L. Antwine II, City Manager
SUBJECT: Consideration to Approve Amendment No. 1 to the Public Works Agreement between the City of Bell and Crosstown Electrical & Data, Inc. for Traffic Signal Systems and Safety Lighting Maintenance Services.
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 1 to the Public Works Agreement between the City of Bell and Crosstown Electrical & Data Inc. (“Crosstown”) for Traffic Signal Systems and Safety Lighting Maintenance Services.
By this Amendment, the parties desire to extend the term to December 9, 2025 and increase the contract sum by $200,000. Therefore, it is also recommended the City Council authorize the allocation of $100,000 per year from the following listed City’s funds, Gas Tax, Measure R , Proposition C, Lighting & Landscaping, and Bell Street Lighting District fund for the cost of services.
BACKGROUND:
The City of Bell’s Public Works Department manages the City’s traffic signal and safety lighting systems. In order to provide the necessary m aintenance services of these systems. In 2020, the City entered into an agreement with Crosstown.
The traffic signal maintenance services agreement includes required preventative, regular and emergency maintenance of the City’s traffic signals and safety lighting systems. Moreover, Crosstown has been providing additional services on as needed basis, such as installation of new flashing beacons.
DISCUSSION:
The initial term of the Public Works Agreement between the City and Crosstown was for three (3) years starting on December 9, 2020; with the option to extend the initial term by two one (1) year terms for a total contract life of up to five (5) years.
AGENDA ITEM 7
Per the referenced Agreement, compensation for each year had been set at $100,000 with the total compensation, including reimbursement for actual expenses not to exceed $300,000. Furthermore, the Agreement includes a provision (Section 3.2 Schedule of Performance), authorizing the Contract Officer to extend the Agreement for 180 days.
Since the termination date was approaching, the Contract Officer extended the Agreement for 180 days—to June 9, 2024.
Over the last four (4) months, staff has conducted a comprehensive review of the work history including, efficiency and effectiveness of the contractor’s work, response to City’s requests for emergency work, document control, reporting mechanisms and financial records.
Based on s taff analysis of their current and previous work performance, we have determined that Crosstown has been providing great service to the City and that it would be in the best interest of the City to extend the term of the Agreement to December 9, 2025, for a full term of five (5) years, as prescribed by the Agreement.
This extension would allow the City to benefit from locking the rates and level of compensation set in 2020. As with the first three (3) years of the Agreement, the compensation for each additional year shall not exceed $100,000. Therefore, the total compensation to Crosstown for the full five (5) year term will not exceed $500,000.
FISCAL IMPACT:
There is no impact to the General Fund. The City’s Gas Tax, Measure R, Proposition C, Lighting & Landscaping, and Bell Street Lighting District funds includes adequate funding to pay for the cost of services provided by Crosstown.
ATTACHMENTS:
1. Amendment No. 1 to the Agreement between the City of Bell and Crosstown Electrical & Data, Inc.
2. Agreement between the City of Bell and Crosstown Electrical & Data, Inc.
01135.0006/984722.1
AMENDMENT NO. 1
TO AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF BELL AND
CROSSTOWN ELECTRICAL & DATA, INC.
This AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC WORKS SERVICES (“Amendment”), by and between the CITY OF BELL (“City”), a California charter city, and CROSSTOWN ELECTRICAL & DATA, INC., a California corporation (“Contractor”), is effective as of the ____ day of May, 2024. City and Contractor may be referred to, individually or collectively, as “Party” or “Parties”.
RECITALS
A. City and Contractor entered into that certain Agreement for Public Works Services dated December 9, 2020 (“Agreement”) whereby Contractor agreed to provide preventative maintenance, regular maintenance, emergency maintenance, and miscellaneous services related to the City’s Traffic Signal Systems and Safety Lighting Maintenance Services.
B. The term of the Agreement was for three (3) years, from December 2020 to December 9, 2023, with two (2) one year extensions in the City’s sole and absolute discretion. The annual compensation for Year 1 through Year 3 was $100,000 for a total sum of $300,000.
C. The City, via authorization by the Contract Officer, extended the Agreement to 180 days, resulting in a new expiration date of June 9, 2024
D. By this Amendment No.1, the City and Contractor now desire to extend the term of the Agreement from June 9, 2024 to December 9, 2025. Additionally, the City and Contractor desire to increase the compensation by $200,000—increasing the contract sum from $300,000 to $500,000.
E. Except as amended hereby, this extension is subject to the same terms and conditions as provided in the Agreement.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein. Added text is indicated in bold italics, deleted text is indicated in strikethrough.
a. Section 2.1, “Contract Sum”, is hereby amended to read:
2.1 Contract Sum.
Subject to any limitation set forth in this Agreement , City agrees to pay contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, includin g reimbursement for actual expenses, shall not exceed Three Hundred Thousand Dollars ($300,000) Five Hundred Thousand Dollars ($500,000) (the “Contract Sum”) unless additional compensation is approved pursuant to Section 1.10.
b. Section 3.5, “Term”, is hereby amended to read:
3.5 Term
01135.0006/984722.1
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) five (5) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D). The City may, in its sole discretion, extend the Term for two (2) additional one-year terms.
c. Exhibit D.III., “Schedule of Performance”, is hereby amended to read:
III. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for three (3) years five (5) years from the date hereof (the "Term"). The City may, in its sole and absolute discretion, extend the Term for up to two (2) one-year periods or any portion thereof so long as there are funds appropriated for the Services under this Agreement.
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement.
Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that th ey have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering in to this Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01135.0006/984722.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
Ali Saleh
Mayor
ATTEST:
Angela Bustamante
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire
City Attorney
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
CONTRACTOR:
CROSS TOWN ELECTRICAL & DATA, INC., a
California corporation
By:
Name: David P. Heermance
Title: President/ CEO
By:
Name: Andrea L. Heermance
Title: Secretary
Address: 220 Bayshore Blvd.
San Francisco, CA 94124
01135.0006/984722.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF _________________________
COUNTY OF _________________________
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0006/984722.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF ______________________
COUNTY OF _____________________________
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
PUBLIC WORKS AGREEMENT
By and Between
CITY OF BELL
and
CROSSTOWN ELECTRICAL & DATA, INC.
01135.0001/685048.2
ATTACHMENT 2
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF BELL AND
CROSSTOWN ELECTRICAL & DATA, INC.
THIS AOpEMENT FOR PUBLIC WORKS SERVICES (herein "Agreement") is made and entered into this day of December, 2020 by and between the CITY OF BELL, a charter city ("City") and CROSSTOWN ELECTRICAL & DATA, INC., a California corporation ("Contractor"). City and Contractor may be referred to, individually or collectively, as "Party" or "Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article I of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Bell Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
l.I Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest -1-
01135.0001/685048.2
professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the "General Provisions" and "Special Provisions" in the bid documents for the project entitled, including any documents or exhibits referenced therein (collectively, "bid documents"), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pav Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in -2-
01135.0001/685048.2
Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5,1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Dav. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1 'A) times the basic rate of pay.
(h) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of th^/work of this contract.' Contractor's Authorized Initials
(i) Contractor's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including -3-
01135.0001/685048.2
without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site. Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work. Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. (e) City will compensate Contractor to the extent required by Govemment Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. -4-
01135.0001/685048.2
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City's own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance. Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense.
Contractor shall act as soon as requested by the City in response to an emergency. In addition.
Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected. Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.
All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the ijenefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments. -5-
01135.0001/685048.2
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ("Change Order"). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit "C". If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done.
The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City's sole and absolute discretion, waive the Contractor's rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of -6-
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Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Thousand Dollars ($300,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination. Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director -7-
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of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with ail provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C". and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed invoice; however.
Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice. Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference.
When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, 01135.0001/685048.2
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor's work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor's work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to. Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"T The City may, in its sole discretion, extend the Term for two (2) additional one-year terms.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor ("Principals") are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Jerrv Davis Senior Operations Manager
(Name) (Title)
Calvin Hansen Project Manager
(Name) (Title)
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Public Works Manager or such person as may be designated by the City Manager. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. -10-
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4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor's expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement.
In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor's indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liabilitv insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CO 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile liabilitv insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liabilitv (errors & omissions') insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $ 1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. -11-
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(d) Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $ 1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors.
(c) Primarv/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced. City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative. City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or -12-
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appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (1) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability.
The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. -13-
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(n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law. Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable ("indemnitors"), or arising from Contractor's or indemnitors' reckless or willful misconduct, or arising from Contractor's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder. Contractor agrees to pay to the City, its officers. -14-
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agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.
In addition. Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.
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5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in Califomia, rated "A" or better in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved. Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts -16-
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from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor's business, custody of the books and records may be given to City, and access shall be provided by Contractor's successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the Califomia Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed. Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment. Contractor shall indemnify City for all damages resulting therefrom.
Moreover, Contractor with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such -17-
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information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default: Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of -18-
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the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This contract is subject to the provisions of Article
1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien. City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. -19-
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7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein. Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $500.00 (Five Hundred Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"!. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Govemment Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and -20-
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prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attomey's fees shall include attorney's fees on any appeal, and in addition a party entitled to attomey's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND ElVlPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
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No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 etseq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens.
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title). City of Bell, 6330 Pine Avenue, Bell, California 90201, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. -22-
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9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or I09I.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void apd of no force or effect.
Contractor's Authorized Initials
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9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
ATTEST:
Angela Bustamante
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire
City Attorney
CITY OF^^LLijac
Ali Saleh, Ma^r
CONTRACTOR:
CROSSTOWN ELECTRICAL & DATA,
INC., a Califomia^-eorporation
ame: Davi(J P. Heerm
Title: President/CEO
Name: AndreaTL. Heermance
Title: Secretary
Address: 5454 Diaz St.
Irwindale. CA 91706
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -25-
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On December 18 ^ 2020 before me, Shalea Berry , personally appeared David Heermance proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/skfifi^di^ executed the same in his/hedthsir authorized capacity(ies), and that by his/hei^llieir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
i shalea BERRY k
J Urtfjrv Di.hlir - TAlilnpnia ^ WITNESS my hand and official seal.Notary Pubiic - California Signature:
Los Angeles County >
Comrrtssion ? 2281272 f
My Comm. Expires Mar 16, 2023 I
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
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CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) □ LIMITED
□ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01135.0001/685048.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On December 18 , 2020 before me, Shalea Berry , personally appeared Andrea Heermance , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that bc/she/Jbey executed the same in litS^her/SKlf authorized capacity(ies), and that by bbdier/^lbew signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. ^
4 SHALEA BERRY b WITNESS my hand and offickl seal. ^ p hur. r..i.fnrniaNotary Public - Califcrnu L
Signature:
os Angeles County >
Cc~r-isston ? 2281272 r
My Co^—n. Expires Mar 16. 2023 f
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
□
□
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CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) □ LIMITED
□ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01135.0001/685048.2
EXHIBIT
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the "General Provisions" and "Special Provisions" included in the bid documents for the project entitled "Request for Proposal to Traffic Signal Maintenance Services Citywide," including any documents or exhibits referenced therein.
II. Contractor will perform the following traffic signal and maintenance services at the 31 signalized intersections, including 29 cabinets and any pedestrian modules, and 2 flashing beacons shown on the map attached hereto as Exhibit A-1, and incorporated herein by this reference ("Services")^
A. TASK 1 - PREVENTATIVE MAINTENANCE. Contractor shall develop and perform a routine, comprehensive preventative maintenance program which will be designed to minimize the incidence of outages and malfunctions and to extend the useful life of the traffic signal equipment. Contractor shall perform a preventative maintenance schedule on a Bi-Monthly Basis to the City and will maintain a copy of the Preventive Maintenance Checklist ("PM Checklist") Form at each traffic signal.
Contractor shall completely fill out the PM Checklist Form during each maintenance inspection, and during any time repairs are made to the traffic signal controller, or any related equipment in the controller cabinet, or the signal equipment at the intersection such as detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc. Once every two months, (bi-monthly). Contractor shall perform preventive maintenance services, which include but is not limited to the following services at each traffic signal location listed on Exhibit A-1:
i. Walk the intersection and visually inspect all signal heads for proper operation, alignment, broken lenses, and missing parts. Verify all pedestrian push buttons (and bicycle push buttons if equipped) and audible chirpers (if so equipped) are operable and observe the proper timing and display.
Remove any easily removable, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Contractor shall notify the City of any graffiti observed on traffic signal equipment. ii. Contractor shall replace all burnt out traffic signal lamps and pedestrian modules discovered on the preventative maintenance rounds. Contractor shall log the date, time, location, and direction of any new lamps installed in the maintenance log with the serial numbers, so that warranty replacement can been done if needed. Contractor shall use LED lamps per Caltrans specifications or approved equal. Lamps in 3M programmed visibility heads and light emitting diodes shall be replaced at the time of burnout. Contractor will clean, polish, and inspect all lenses and reflectors at the time the traffic signals are re- lamped. At such time, all broken and deteriorated parts will be replaced or changed, as necessary; signal, pedestrian heads, and video 01135.0001/685048.2 A-1
detection cameras aligned; mast arm- mounted street name signs adjusted; and, optically programmed signal heads adjusted.
iii. Contractor shall examine the functioning of the controller in relation to the traffic. Contractor shall manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad, to verify proper controller servicing of each active phase. Contractor shall check controller logs for any faults that have occurred and make note in the maintenance log stored in the traffic signal cabinet and verify signal timing is current with timing sheet in cabinet. Contractor shall verify time and dates are correct in any conflict monitor unit ("CMU"), including the malfunction monitoring unit ("MMU"), with an internal clock.
iv. Contractor shall check controller time clock and dates for drift and reset on each preventative maintenance round. All signal controller time clocks and yellow flashing beacons will be reset within forty-eight (48) hours of changes from Pacific Standard Time to Daylight Savings Time, and vice versa.
V. Contractor shall observe and check for proper operation of detector loops and amplifiers, and check all detector loops for sealant deterioration, exposed wire, etc. Contractor shall adjust detector amplifiers and correct substandard splices as necessary. For intersections with video detection, Contractor shall verify camera operation by monitoring the vehicle call on the video controller unit and verify the calls going to the detector call page in the controller. vi. Contractor shall check equipment displays and indicators. Contractor shall verify that all LED and LCD displays and indications on all cabinet equipment is working properly.
vii. Contractor shall test any preemption devices for proper operation (if equipped).
viii. Contractor shall inspect all relays, switches, and terminals and replace or make adjustments as necessary for proper operation. Contractor shall check that each plug-in component fits tightly and securely.
ix. Contractor shall check controller cabinet mounting. Contractor shall check the snugness on the anchor bolts and tighten if necessary, and will be sure not to distort the cabinet door opening by overtightening.
X. Contractor shall check controller cabinet foundation seal. If evidence of water is present in the bottom of the cabinet. Contractor will check the seal for deterioration, report the need to reseal the cabinet foundation, and fix at the City's request.
xi. Contractor shall check controller cabinet door gaskets and other enclosures for evidence of moisture or deterioration. Contractor shall report the need to 01135.0001/685048.2 A-2
Xll.
Xlll.
XIV.
XV.
XVI.
XVll.
XVlll.
XIX.
XX.
XXI.
XXll.
replace gasket(s) showing signs of leaking or deterioration to the City and shall fix.
Contractor shall check cabinet fan for proper operation and verify cabin fan thermostat is set at 96 degrees.
Contractor shall clean and thoroughly vacuum cabinet, including, blowing or brushing off shelves, terminal blocks, and components.
Contractor shall check air filters. Filters will be replaced in all cabinets equipped every six (6) months. Filter replacement shall be noted on the log stored in the traffic signal cabinet.
Contractor shall check cabinet hinges, locks, and Police Cabinet Switch lock for proper operation. Contractor shall check for the free movement of all doors, latching assemblies, and locks on the controller cabinet, service cabinet, and any other enclosures. Contractor shall spray equipment, as necessary, with a minimum amount of oil and wipe off any excess.
Contractor shall inspect cabinet interior light for proper operation and replace if needed.
Contractor shall check for signs of insect or rodent infestation and any signs of ants, wasps, or other insects or rodents within the cabinet. Contractor shall use appropriate insect traps or powders if any positive signs of infestation are discovered. Contractor shall report more serious problems to the Contract Officer.
Contractor shall check Ground Fault Circuit Interrupter ("GFCI"). Contractor shall verify the proper operation of the "Test" and "Reset" buttons on GFCI type outlets.
Contractor shall check service connections. Contractor shall verify the neutral, ground, and power connections are secure in the controller and service cabinets.
Contractor shall conduct an inspection quarterly of the battery back-up system, if equipped, to ensure unit is fully charged.
Contractor shall check system telemetry on controller display and phone modem (if equipped) located in the cabinet. Contractor shall report any malfunction to the Contract Officer, and fix at the City's request.
Contractor shall institute a routine night time check of all safety lights and illuminated street name signs (if equipped) at all signalized intersections every other month and submit a report and an estimate for any repairs necessary, to the Contract Officer for approval.
01135.0001/685048.2A-3
xxiii. Contractor shall replace or repair any and all defective parts of the signal system which cause a signal failure or malfunction, as the occasion arises, such as the signal controller, master controllers, modems, signal monitor units, push buttons, relays, interconnect, flashers, all kinds of lamp burnouts, detector loops, home run locations, sensing units, video detection camera misalignment, safety lights, illuminated street name sign lights, and wiring system, unless the failure or malfunction falls in the category of emergency response maintenance services as defined in Section C, below.
B. TASK 2 - REGULAR MAINTENANCE SERVICES. Contractor shall perform regular maintenance services, on an on-call basis, which consist of repair, replacement and related work to return equipment to normal operation. Contractor shall service signalized traffic intersections with like make and model parts and equipment. Regular maintenance work performed on the City's right-of-way will be coordinated with the City in a timely manner and require prior work order approval by the Public Works Director. Contractor and Contract Officer are to coordinate a "night drive" as needed to repair or replace all illuminated street name signs and safety lights. Contractor shall obtain a work order approval for the repair and replacement of "night drive" reported work. Per the Contract Officer's request.
Contractor shall also investigate and determine corrective requirements for each reported signal malfunction, failure, and/or outage.
C. TASK 3 - EMERGENCY MAINTENANCE SERVICES. Contractor shall provide emergency response work, on an on-call basis, on the City's traffic control system, at the City's request. Contractor shall provide and maintain emergency service response on a twenty-four (24) hour a day, seven (7) days per week basis (24/7), including all holidays. Contractor shall provide the City with a contact name and phone number of personnel responsible for 24/7 service. Emergency Response services shall include, but is not limited, to the following: downed signal poles and/or heads; signals on flash; signal blackout; bumed out lamps; damaged controller and/or cabinet; damaged signal meter pedestal; damaged inductive loops and/or video detection equipment; sensing elements; pedestrian push buttons; electroliers; pedestrian signal heads; damaged wiring/conductors; damaged conduits; damage to interconnect communication components; testing, adjustment, or replacement of Opticom emergency vehicle priority control system components; and, other operational equipment related issues.
D. TASK 4 - MISCELLANEOUS SERVICES. Contractor shall also work with the Contract Officer as needed to provide maintenance for any new/additional traffic signals, cabinet programming, signalized intersection upgrades, and appurtenant devices in the event they are modified or added in the City. The Contractor and City will work together and meet to review and establish upcoming traffic signal maintenance activities. Contractor shall also work with the City's Engineering Department as part of the City's Capital Improvement Projects Program ("CIPP") Schedule.
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II. Contractor must perform all on-call Services in compliance with the following requirements:
A. Each task shall be indicated by a written request produced by the Contract Officer with a description of the work to be performed, and the time desired for completion.
All tasks shall be carried out in conformity with all provisions of this Agreement.
B. Contractor must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the tasks; explain how the cost was determined; and a schedule for completion of the tasks ("Task Completion Date"); which shall all collectively be referred to as the "Task Proposal".
C. Contract Officer shall in writing approve, modify or reject the Task Proposal, and may issue a Notice to Proceed.
D. The task shall be performed at a cost not to exceeding the task budget.
E. Contractor shall complete the task and deliver all deliverables to Contract Officer by the Task Completion Date.
III. Contractor shall maintain a record of all service calls and work performed, including the listing of dates, hour of day, and description of service work performed and a copy of this record will be maintained at all times within the signal controller cabinet at each signal location. Contractor shall also provide a computerized bi-monthly activity report to the City.
The report will provide a brief description of all preventative maintenance and emergency service activities and will be attached to the monthly invoice. Contractor will provide and maintain a software package, "Sales Force," that the City can access to provide live, real time information on the progress of technician work or call outs and maintenance activity.
The Software includes bar coded inventory, pictures of materials and access to billing information.
IV. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:
A. Monthly budget tracking report for Services
B. Monthly costs of materials
C. List of requests
D. Bi-monthly activity report
V. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
VI. Contractor will utilize the following personnel to accomplish the Services:
01135.0001/685048.2 A-5
A. Gait Grotke, Maintenance Technician / IMS A Field Technician Level II B. Michael Linden, Maintenance Electrician / NEC Certified / IMSA Field Electrician Level III
C. Albert Soto, Maintenance Electrician / IMSA Field Electrician Level III D. David Heermance, President
E. Jerry Davis. Senior Traffic Signal Maintenance Operations Manager F. Calvin Hansen, Business Development / Project Manager G. Alex Zepeda, Superintendent / NEC Certified / IMSA Field Electrician Level II H. Dan Bylund, Purchasing / IT System Administrator
01135.0001/685048.2 A-6
EXfflBIT «A-1"
MAP
01135.0001/685048.2 A-7
Clty of Bell
street / Highway
-j—I
li^j" City Limit Boundary
■1^ Flashing Beacon
Traffic Signal
Rail Line
ansfield
fiijrencnoperdtc$
orence
intersections with Traffic Signals
Acacia St & Wilcox Ave
Atlantic Ave & Florence Ave
BandinI Blvd & Amelia Earhart Way
Bandini Blvd & S Eastern Ave
Bandini Blvd & Yeager Way
Bear Ave & E Florence Ave
Bear Ave & Gage Ave
Bell Ave & Atlantic Ave
Bell Plaza (shopping center) & Atlantic Ave
Brompton Ave & Atlantic Ave
California Ave & E Florence Ave
Crafton Ave & Florence Ave
E Gage Ave & S Atlantic Ave
Flora Ave & E Florence Ave
Gage Ave & Wilcox Ave
Gifford Ave & Gage Ave
Heliotrope Ave & Gage Ave
Orchard Ave & Gage Ave
Otis Ave & Bell Ave
Otis Ave & E Florence Ave
Otis Ave & Gage Ave
Pine Ave & Gage Ave
Prospect Ave & Gage Ave
Randolph St & Atlantic Ave
Rickenbacker Rd & S Eastern Ave
S Maywood Ave/California Ave & Gage Ave
Vinevale Ave & Florence Ave
Walker Ave & Florence Ave
Walker Ave & Gage Ave
Walker Ave & Gage Ave
Wilcox Ave & Florence Ave
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
N/A
01135.0001/685048.2 B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor's Proposal, and listed below:
QUANTITYUNIT
PRICE
SUB-
BUDGET
A.TASK 1-
PREVENTATIVE
MAINTENANCE
Traffic Signal Systems and
Safety Lighting, which
includes the City's 29
cabinets
31$68.75 per
intersection
$12,787.50 per
year
Flashing Beacons2$32.50 per
location
$390.00 per
year
B.TASK 2 - REGULAR
MAINTENANCE
SERVICES
See Exhibit C-1
for rates
On-Call$61,822.50 per
year
C.TASK 3
EMERGENCY
MAINTENANCE
SERVICES
See Exhibit C-1
for rates
On-Call$15,000.00 per
year
D.TASK 4
MISCELLANEOUS
SERVICES,
See Exhibit C-1
for rates
On-Call$10,000.00 per
year
TOTAL$100,000.00
per year
H. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
HI. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item's subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
01135.0001/685048.2C-1
IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the amount provided in Section
2.1 of this Agreement, and the annual compensation shall not exceed $100,000 per year.
VI. The Contractor's billing rates for all personnel are attached as Exhibit C-1.
VII. On Call Services. With respect to all the services listed in item I as "on call". Contractor shall file quarterly with the Contract Officer an estimate of (i) the percentage of budgeted funds spent, (ii) projecting if the remaining budgeted funds will be sufficient, and (iii) any recommended actions to assure that the budget will not be exceeded. 01135.0001/685048.2 C-2
EXHIBIT "C-1"
CONTRACTOR'S RATES
I. TECHNICIAN & LABOR RATES
POSITIONRATERATE FOR OVERTIME
Superintendent$106.00 per hourN/A
Laboratory Technician$ 106.00 per hour$155.00 per hour
Maintenance Technician -
Lead
$106.00 per hour$155.00 per hour
Maintenance Technician -
Back-up
$103.50 per hour$151.00 per hour
Service Laborer$101.50 per hour$149.50 per hour
Street Light Technician$102.00 per hour$150.00 per hour II. VEHICLE AND EQUIPMENT RATES
EQUIPMENT TYPERATES
Bucket Truck$36.00 per hour
Service Truck$40.00 per hour
Crane$125.00 per hour
Air Compressor$25.00 per hour
Arrow Board$17.00 per hour
Equipment not listedCurrent Caltrans equipment rate
Material mark-up will not exceed 15% of supplier's invoice price (cost) that will be furnished to the City in any cost proposal for emergency response work.
III. TRAFFIC SIGNAL MAINTENANCE SERVICES PRICE LIST
DESCRIPTIONUNIT PRICE
Replace Type A Detector Loop (1 to 4 loops)$975.00 per loop 01135.0001/685048.2C-3
Replace Type A Detector Loop (5 or more
loops)
$515.00 per loop
Replace Type D Detector Loop (1 to 4 loops)$995.00 per loop Replace Type D Detector Loop (5 or more
loops)
$525.00 per loop
Replace Video Detection Camera (Iteris
Vector)
$5,215.00 each
Replace Pedestrian LED (Countdown Display)$251.00 each
Replace Pedestrian Push Button/Pole$920.00 each
Replace Type 1A Traffic Signal Pole$1,849.50 each
Replace LED Signal Indication RED$104.50 each
Replace LED Signal Indication YELLOW$103.95 each
Replace LED Signal Indication GREEN$104.50 each
Replace LED PV- Head (LAMP)$155.50 each
USA Marking/ DIG Alerts$225.50 each
01135.0001/685048.2C-4
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform, except for on-call services, in accordance with the schedules to be developed by the Contractor and Contract Officer. The Contractor shall meet with Contract Officer during an agreed upon week of each month to develop the schedules. The schedules shall be subject to the approval of the Contract Officer.
H. The technician assigned to the City will notify the City in writing when he or she completes the PM Checklist.
HI. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for three (3) years from the date hereof (the "Term").
The City may, in its sole and absolute discretion, extend the Term for up to two (2) one-year periods or any portion thereof so long as there are funds appropriated for the Services under this Agreement.
IV. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
01135.0001/685048.2 D-1
THE FINAL PREMIUM IS ^ (2)
PREDICATED ON THE counterparts
FINAL CONTRACT AMOUNT
Bond No. 7664812
Premium: $3,205.00
PERFORMANCE BOND
WHEREAS, the CITY OF BELL, ("City"), has awarded to CROSSTOWN ELECTRICAL & DATA, INC., as Contractor ("Principal"), a Contract for the work entitled and described as follows: traffic signal and maintenance services:
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Three Hundred Thousand Dollars ($300,000.00), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attomey's fee to the City in an amount to be fixed by the court.
'Fidelity and Deposit Company of Maryland
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed on December 18th 2020 .
PRINCIPAL
Crosstown ElectrLpal & Data, Inc.
(Seal if Corporation) Bv
szHZ-nija (n i n n
Title (2. F-, O .
(Attach Acknowledgment of Authorized Representative of Principal) 01135.0001/685048.2 D-1
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Any claims under this bond may be addressed to:
Fidelity and Deposit Company of Maryland (name and address of Surety) 777 South Figueroa Street, Suite 3900
Los Angeles, CA 90017
Commercial Surety Bond Agency
1411 N. Batavia St., Suite 201
(name and address of Surety's agent for service of
process in Califomia, if different from above)
Orange, CA 92867
Surety: (213) 270-0600 / Agent: (714) 516-1232 (telephone number of Surety's agent in Califomia) (Attach Acknowledgment)Fidelity and-Deposit Company of Maryland SURE
(Attomey-in-Fact) /C^aniel Huckabay
APPROVED:
(Attomey for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in Califomia. Certified copy of Power of Attomey must be attached.
01135.0001/685048.2D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of OrangeJ
On12/18/2020before me,Melissa Ann Vaccaro, Notary Public (insert name and title of the officer)
Daniel Huckabay personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
I
M
^O
MELISSA ANN VACCARO
.. COMM. #2241394 «
R Notary PublioCallfornia a J ORANGE COUNTY ^ My Comm. Expires May 12,^22J| elissa Ann Vaccaro
iXQrsgfSean
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County ofLos Angeles)
On December 22, 2020before me. Shalea Berry, Notary Public (insert name and title of the officer)
personally appeared Benjamin Heermance
who proved to me on the basis of satisfactory evidence to be the person(90 whose name(9^ \s/3X^ subscribed to the within instrument and acknowledged to me that executed the same in his/lie¥Jttfi^ authorized capacity(tes), and that by his/Pf^W^iPf^ir signature(§0 on the instrument the person(§0. or the entity upon behalf of which the person({{) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature . y/i(Seal)
SHALEA BERRY
Notary Public - California
Los Angeles County
Commission » 2281272
My Comm. Expires Mar 16. 2023
1
Bond No. 7664812
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETYCOMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D. STONG and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby eertify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, A.D. 2020.
Ji
ATTEST;
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
^
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On tliis I5th day of January, A.D. 2020. before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. :■ S-\ h<-
Constance A. Dunn, Notary Public
My Commission Expires: July 9,2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V. Section 8. Attornevs-in-Fact. The Chief Hxecutive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
1, the undersigned. Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and 1 do further certify that Article V, Section 8, of the By- Laws of the Companies is still in force.
fhis Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICI1 AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "fhat the signature of the President or a Vice President and the atte.sting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on theCompany." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURF. l Y COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN IT^S'flMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 18th day of December . 2020 .
SBAL
Bv:Brian M. Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOURCONTACT INFORMATION TO:
Zurich Surety Clainis
1299 Zurich Way
Schaumburg, IL 60196-1056
w\v\v.reportsfclaims@zuriclina,coni
800-626-4577
THE FINAL PREMIUM IS <2'
PREDICATED ON THE onginal counterparts
FINAL CONTRACT AMOUNT
Bond No. 7664812
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF BELL, ("City"), has awarded to CROSSTOWN ELECTRICAL & DATA, INC., as Contractor ("Principal"), a Contract for the work entitled and described as follows: traffic signal and maintenance services:
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
★
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Three Hundred Thousand Dollars ($300,000.00), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attomey's fee to the City in an amount to be fixed by the court.
*Ficlelity and Deposit Company of Maryland
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department fi-om the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attomey's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
01135.0001/685048.2
Executed on December 18th , 2020
(Seal if Corporation)
PRINCIPAL
Crosstpwn Electrical & Data, Inc.
By
ryi In H
Title C,F.O,
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
Fidelity and Deposit Company of Maryland and address of Surety) 777 South Figueroa Street, Suite 3900
Los Angeles, CA 90017
Commercial Surety Bond Agency (name and address of Surety's agent for service of process in California, if different from above)
1411 N. Batavia St., Suite 201
Orange, CA 92867
Surety: (213) 270-0600 / Agent: (714) 516-1232 (telephone number of Surety's agent in California) (Attach Acknowledgment) Fidelity apd Deposif^ompany of Maryland SURETY
APPROVED:
By
(Attomey-in-Fact^J^fll^el Huckabay
(Attorney for CITY)
NOTICE:
No substitution or reyision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01135.0001/685048.2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On12/18/2020before me,Melissa Ann Vaccaro, Notary Public (insert name and title of the officer)
Daniel Huckabay personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Melissa Ann Vaccaro
(Seal)
MELISSA ANN VACCARO
COMM. #2241394
Notary Public-California
ORANGE COUNTY
''My Comm. Expires May 12,2022||
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County ofLos AngelesJ
On December 22, 2020before me Shalea Berry, Notary Public (insert name and title of the officer)
personally appeared Benjamin Heermance
who proved to me on the basis of satisfactory evidence to be the person(9$ whose name(90 \s/dm. subscribed to the within instrument and acknowledged to me that he/ifKJM®y executed the same in his/l1©ftttft«!fi« authorized capacity(is»), and that by his/Pfi^WWSJir signature(S9 on the instrument the person(^, or the entity upon behalf of which the person(8) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.SHALEA BERRY
Notary Public • California
Los Angeles County
Commission K 2281272
My Comm. Expires Mar 16, 2023
1
Bond No. 7664812
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D. STONG and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMEWCAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT 'COMPANY OF MARYLAND, this 15th day of January, A.D. 2020.
SEAL
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 15th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ■ ' "!. n.;
V ;
Constance A. Dunn, Notary Public
My Commission Expires: July 9,2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-In-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
1. the undersigned. Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in lull force and effect on the date of this certificate; and 1 do ftirther certify that Article V, Section 8, of the By- Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on theCompany." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 18th day of December . 2020 .
8BAL
Bv:Brian M. Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
[email protected]
800-626-4577
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Bell
Project; TRAFFIC SIGNAL MAINTENANCE / PROJECT LOCATION: BELL, CA Type of Insurance:Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATELIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of Califomia
Employers' Liability:
$ 1,000,000 Each Accident
$ 1,000,000 Disease - Policy Limit
$ 1,000,000 Disease - Each Emolovee
Cros.stown Electrical & Data. Inc.Insurance Company of the West Named Insured (Contractor)Insurance Company
5454 Diaz St27200 Agoura Rd Unit 102
Street NumberStreet Number
Irwindale, Ca 91706Agoura Hills,'Ga^91301
City and StateCity and
By /2
(Con^any Representative)
(SEE NOTICE ON NEXT PAGE)
01135.0001/685048.2
Insurance Company Agent for Service
of Process in Califomia:
Patrick McRae
Name
McRae Associates Insuance Services, Inc.
Agency
1265 N. Manassero St Suite 303
Street Number
Anaheim. Ca 92807
City and State
714-779-6999
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
on35.0001/685048.2
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Crosstown Electrical & Data, Inc. 5454 Diaz St. Irwindale, Ca 91706 Name and address ofnamed insured ("Named Insured")
Navigators Specialty Insurance Co 400 Atlantic Street 8th Floor Stamford, Connecticut 06901 Name and address ofInsurance Company ("Company")
TRAFFIC SIGNAL MAINTENANCE / PROJECT LOCATION: BELL, CA General description ofagreement(s). permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Bell
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 01135.0001/685048.2
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Citv Manager, Citv of Bell. 6330 Pine Avenue. Bell. California 9Q201.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
General Liability09/03/202009/03/2021
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
a Contractual Liability
^ Owners/Landlords/Tenants
a Manufacturers/Contractors
@ Products/Completed Operations
g Broad Form Property Damage
qt Extended Bodily Injury
g Broad Form Comprehensive
General Liability Endorsement
s Explosion Hazard
qj Collapse Hazard
□ Underground Property Damage
□ Pollution Liability
□ Liquor Liability
□
12. A DC deductible or □ self-insured retention (check one) of $_ applies to all coverage(s) except:
5,000
(ifnone, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an q occurrence or □ claims made policy (check one). at 12:01 a.m. and forms a part of 14. This endorsement is effective on 12/17/2020 Policy Number LA20CGLZ04TP7IC
(signatures on following page)
I, Patrick McRae (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. 01135.0001/685048.2
Executed December 17
Telephone No.: (714 ) 779-6999
.,2020
SignaJ^e of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
01135.0001/685048.2
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Crosstown Electrical & Data. Inc. 5454 Diaz St. Irwindale, Ca 91706 Name and address ofnamed insured ("Named Insured")
Integon National Insurance Company P.O. Box 3199 Winston-Salem, North Carolina 27102 Name and address of Insurance Company ("Company ")
TRAFFIC SIGNAL MAINTENANCE / PROJECT LOCATION: BELL. CA General description ofagreement(s), permit(s), license(s). and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Bell
("Public Agency"), its elected officials, officers, attomeys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter refeired to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification an^or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 0II35.000t/685048.2
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Bell
6330 Pine Avenue
Bell, California 90201
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
Automobile Liability
POLICY PERIOD
FROM/TO
11/05/2020
LIMITS OF
LIABILITY
11/05/2021
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
Any Automobiles□
□All Owned Automobiles□
QNon-owned Automobiles□
QHired Automobiles□ 1
mScheduled Automobiles□
□Garage Coverage□
Truckers Coverage
Motor Carrier Act
Bus Regulatory Reform Act
Public Livery Coverage
12. A a deductible or □ self-insured retention (check one) of $ i.ooo applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an qi occurrence or □ claims made policy (check one).
14. This endorsement is effective on 12/17/2020 at 12:01 a.m. and forms a part of Policy Number 200567j448
(signatures on following page)
on35.0001/685048.2
I, Patrick McRae (print name)^ hereby
declare under penalty of peijury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed December 17., 20 20
Telephone No.: (7i4 )779-6999
XX
Signgj^te of Authorized Re^esentatrve
(Original signature only; no facsimile signature
or initialed signature accepted)
01135.0001/685048.2
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Crosstown Electrical & Data, Inc. 5454 Diaz St. Irwindale, Ca 91706 Name and address of named insured ("Named Insured")
Great America Insurance Company 301 E. Fourth Street Cincinnati, Ohio 45202 Name and address ofInsurance Company ("Company")
TRAFFIC SIGNAL MAINTENANCE / PROJECT LOCATION: BELL. CA/ General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows;
1. The City of Bell
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to tlie terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govem the validity, construction, interpretation, and enforcement of this contract of insurance. 01135.0001/685048.2
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Bell
6330 Pine Avenue
Bell, California 90201
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
Umbrella Liability
POLICY PERIOD
FROM/TO
06/03/2020
LIMITS OF
LIABILITY
06/03/2021
□ Following Form
a Umbrella Liability
11. Applicable underlying coverages:
INSURANCE COMPANY
Great American Insurance Company
POLICY NO.
TUE 2572052 02
AMOUNT
$10.000.000/$10,000,000
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A [^deductible or □ self-insured retention (check one) of $_ applies to all coverage(s) except: None
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an occurrence or □ claims made policy (check one).
15. This endorsement is effective on 12/17/2020 at 12:01 a.m. and forms a part of Policy Number tuf. 2S72n52 02
(signatures on following page)
0! 135.0001/685048.2
Patrick McRae(print name), hereby
declare under penalty of peijury under the laws of the State of California, that I fii^ the ai^th6rity to bind the Company to this endorsement and that by my execution hereof, I do so bind^jidUorttp^y.
Executed December 17th20 20
Telephone No.: ( 714 ) 779 6999
Sigtiafure of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
01135.0001/685048.2
yACOREfCERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
12/17/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER LICENSE NO. 0637431
PATRICK MCRAE INSURANCE SERVICES
1265 N. MANASSERO ST. SUITE 303
ANAHEIM HILLS, CA 92807
tNSURED
CROSSTOWN ELECTRICAL & DATA, INC.
5454 DIAZ STREET
IRWINDALE CA91706
CONTACT
NAME:PATRICK MCRAE
PHONE
(A/C. No. Extl:
E-MAIL
ADDRESS:
(714) 779-6999ir^.No.= (714)779-6903
[email protected]
INSURER(S) AFFORDING COVERAGE
INSURERA: NAVIGATORS SPECIALTY INSURANCE CO.
INSURER B : INSURANCE COMPANY OF THE WEST
INSURERC: INTEGON NATIONAL INSURANCE COMPANY
INSURER D: ATLANTIC SPECIALTY INSURANCE COMPAN
INSURER E : GREAT AMERICAN INSURANCE CO.
INSURER F :
NAIC#
36056
27847
29742
27154
16691
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTRTYPE OF INSURANCE
ADDLI
INSD
SUBR
WVDPOLICY NUMBER
POLICY EPF
(MM/DD/YYYYI
POLICY EXP
(MM/DD/YYYYlLIMITS
COMMERCIAL GENERAL LIABILITY
OCCUR CLAIMS-MADEX
X X
xcu
LA20CGLZ04TP7IC
DEDUCTIBLE $5,000 PER
OCCURENCE
09/03/202009/03/2021EACH OCCURRENCE
OOP
GEN'L AGGREGATE LIMIT APPLIES PER;
POLICY [X] JEcf EZI LOC
OTHER:
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
EBL
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
1,000,000
AUTOMOBILE LIABILITYX X200567544811/05/202011/05/2021COMBINED SINGLE LIMIT (Ea accident)1,000,000
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
BODILY INJURY (Per person)
SCHEDULED
AUTOS
NON-OWNED
AUTOS
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
UMBRELLA UAB
EXCESS UAB
DED
OCCUR
CLAIMS-MADE
RETENTIONS
TUB 2572052 02
UNDERLYING LIMITS:
GL; AL; EL POLICIES
06/03/202006/03/2021EACH OCCURRENCES 10,000,000
AGGREGATE10,000,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes. describe under
DESCRIPTION OF OPERATIONS below
WVE 5030354-0506/03/2020
Y/N
N/A
06/03/2021XSTATUTE
oth
er
E.L. EACH ACCIDENT1,000,000
E.L. DISEASE - EA EMPLOYEE1,000,000
E.L. DISEASE - POLICY LIMIT
SI .4<3.U« BuUngs UM.4U (i!>P
$1.418.C56 Property off Prerrises
$300,000 Leased 8PP
$300,000 81
1,000,000
DPROPERTY & CONTRACTORS
EQUIPMENT
710039414
$1,000 DEDUCTIBLE
COV INCL. THEFT05/10/202005/10/2021
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD101, Additional Remarks Schedule, may be attached if more space is required) THE CITY OF BELL, ITS ELECTED OR APPOINTED OFFICERS. AGENTS. OFFICIALS. EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE ABOVE MENTIONED POLICIES PER ATTACHED ENDORSEMENT(S). COVERAGE IS PRIMARY & NON-CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT. PER ATTACHED ENDORSEMENT FORMS. WAIVER OF SUBROGATION APPLIES, IF REQUIRED BY WRITTEN CONTRACT. * SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. A 30 DAY WRITTEN NOTICE WILL BE ISSUED.
RE: TRAFFIC SIGNAL MAINTENANCE / PROJECT LOCATION: BELL, CA/ CTWN 4492-20
CERTIFICATE HOLDERCANCELLATION
CITY OF BELL
6330 PINE AVENUE
BELL, CA 90201
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAT^nr^EREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY' PROVISIONS.
1 AUTHORIZED REP^^IT^^^^
ACORD 25 (2014/01)The ACORD name and logo are registered marks of ACORD
POLICY NUMBER:LA20CGLZ04TP7ICCOMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)Location And Description Of Completed Operations Any person or organization for whom you are
performing "commercial construction" during the period
of this policy and have agreed in a written contract to add as an additional insured for products-completed
operations. "Commercial construction" does not
include any habitational or residential construction
other than hotels or apartments.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 04 13Insurance Services Office, Inc., 2012Page 1 of 2
required by the contract or agreement to
provide for such additional insured.
CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY-
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be primary contrary: and would not seek contribution from any other Primary And Noncontributory Insurance insurance available to the additional insured.
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER:LA20CGLZ04TP7ICCOMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)Locatlon(s) Of Covered Operations
Any person or organization for whom you are
performing operations during the policy period when
you and such person or organization have agreed in
writing in a contract or agreement that such person or
organization be added as an additional insured on your
policy; and any other person or organization you are
required to add as an additional insured under the
contract or agreement described above.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply;
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered
operations has been completed; or
2. That portion of "your work" out of which the injury
or damage arises has been put to its intended use
by any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as a part of the same
project.
CG 2010 0413© Insurance Services Office, Inc., 2012Page 1 of 2
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1.Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 2010 04 13© Insurance Services Office, Inc., 2012Page 2 of 2
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: LA20CGLZ04TP7IC CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1
COMMERCIAL GENERAL LIABILITY
NPC 711 0811
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL AGGREGATE LIMIT PER PROJECT WITH AN
OVERALL GENERAL AGGREGATE CAP
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Projects: All Projects
Overall General Aggregate Cap: $5,000,000
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
3. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the Designated Con
struction Project General Aggregate Limit for
that designated construction project. Such
payments shall not reduce the General Ag
gregate Limit shown in the Declarations nor
shall they reduce any other Designated Con
struction Project General Aggregate Limit for
any other designated construction project
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Fire Damage and Medical Ex
pense continue to apply. However, instead of
being subject to the General Aggregate Limit
shown in the Declarations, such limits will be
subject to the applicable Designated Con
struction Project General Aggregate Limit.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur
rences" under COVERAGE A (SECTION I), and
for all medical expenses caused by accidents
under COVERAGE C (SECTION I), which can be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. A separate Designated Construction Project
General Aggregate Limit applies to each des
ignated construction project, and that limit is
equal to the amount of the General Aggregate
Limit shown in the Declarations. Subject to
the application of the General Aggregate Limit
to each of your projects, the maximum
amount we will pay under the General Aggre
gate Limit for all claims arising from all
projects is the Overall General Aggregate Cap
shown in the Schedule above.
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under COVERAGE A,
except damages because of "bodily injury" or
"property damage" included in the "products-
completed operations hazard", and for medi
cal expenses under COVERAGE 0 regard
less of the number of:
NPC 711 0811Page 1 of 2
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur
rences" under COVERAGE A (SECTION I), and
for all medical expenses caused by accidents
under COVERAGE 0 (SECTION I), which cannot
be attributed only to ongoing operations at a sin
gle designated construction project shown in the
Schedule above:
1. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-Completed Operations Aggregate
Limit, whichever is applicable: and
2. Such payments shall not reduce any Desig
nated Construction Project General Aggre
gate Limit.
0. When coverage for liability arising out of the
"products-completed operations hazard" is pro
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-Completed Operations Ag
gregate Limit, and not reduce the General Aggre
gate Limit nor the Designated Construction
Project General Aggregate Limit.
D. If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contract
ing parties deviate from plans, blueprints, de
signs, specifications or timetables, the project will
still be deemed to be the same construction
project.
E. The provisions of Limits Of Insurance (SECTION
III) not otherwise modified by this endorsement
shall continue to apply as stipulated.
WORKERS COMPENSATiON AND EMPLOYERS LIABILITY INSURANCE POLICYWC 99 06 34 (Ed, 8^)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise due.
Schedule
Person or Organization
ANY PERSON / ORG
WHEN REQUIRED BY
WRITTEN CONTRACT
Job Description
ALL CA OPERATIONS
This endorsement changes the policy to which it ts attached and is effective on the date issued unless otherwise stated. (The Information below Is requked only when this endcvsement is Issued subsequent to preparation of the poScy.) Endorsement Effective 06/03/2020 Policy No. WVE 5030354 05 Insured CROSSTOWN ELECTRICAL & DATA
Insurance Company INSURANCE COMPANY OF THE WEST
Endorsement No.
Premum $ INCL.
Countersigned By ^
WC 99 06 34
(Ed. 8^)
Policy No.: 2005675448
Integon National Insurance Company
This Endorsement Applies Only If
Form Number 10141 (01012014) Appears on the Declarations Page.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
All the provisions of this Policy apply except as modified by this endorsement.
Any coverage afforded under PART A > LIABILITY COVERAGE of this Policy for a covered auto shall also apply to the individual or organization listed on the Declarations Page as an additional insured subject to the following provisions:
1. We will pay compensatory damages for which the additional insured is legally liable due to bodily injury or property damage caused by an accident arising out of the operation of an auto covered under PART A > LIABILITY COVERAGE. We will pay under this endorsement only if those damages arise out of the acts or omissions of an insured as defined under PART A and then only to the extent of that liability.
2. The designation of an additional insured on the Declarations Page shall not increase our limits of liability under PART A of this Policy.
3. We also agree with you that insurance provided by this agreement will be excess insurance over any other applicable insurance, self-insurance or bond.
4. All language in the LIMITS OF LIABILITY section of this Policy referencing a permissive operator is deleted.
Integon National Insurance Company
This Endorsement Applies Only If
Form Number 10379 (01012014) Appears on the Declarations Page.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
All the provisions of this Policy apply except as modified by this endorsement.
Policy No.: 2005675448 Effective: 11/05/2020
This endorsement is issued to: CROSSTOWN ELECTRICAL & DATA
GENERAL PROVISIONS
OUR RIGHT TO RECOVER PAYMENT section will not apply to:
CITY OF BELL
6330 PINE AVENUE
BELL, CA 90201
AGENDA ITEM 8
City of Bell
Agenda Report
DATE: June 12, 2024
TO:
Mayor and Members of the City Council
FROM: Manuel Acosta, Community Development Director
PREPARED: Martin Rodriguez, Economic Development Specialist
APPROVED Michael L. Antwine II (e-signature)
BY: ________________________________________
Michael L. Antwine II, City Manager
SUBJECT:
Atlantic Avenue Specific Plan – Extension and Budget Increase of an Agreement with The Arroyo Group
RECOMMENDATION:
The City Council is recommended to extend the contract agreement with The Arroyo Group for an additional year and increase the contract amount by $49,000 for added services beyond the original contract amount of
$269,730 to a new contract amount of $318,730. These additional services aim to help prepare the Atlantic Avenue Specific Plan (AASP) and the associated environmental documentation.
BACKGROUND:
The Arroyo Group began work on the Atlantic Avenue Specific Plan (AASP) on January 26, 2022.
The AASP covers nearly 50 acres along the Atlantic Avenue corridor, which is the city's main north-south commercial arterial. This area serves as the city’s primary commercial district, catering to local shoppers and commuters heading to industrial areas further north.
The AASP is designed to address both current and proposed land uses, establishing development standards that align with the General Plan and the community's evolving needs. This plan will support the City's economic development and housing objectives by streamlining the planning process for permitted uses within the AASP area.
The City has partnered with The Arroyo Group to prepare the Atlantic Specific Plan and now seeks to expand their scope of work to include more comprehensive graphical elements that reflect the City’s vision. This necessitates amending the existing contract to cover these new visual graphics and other elements of design and preparation of the documents.
DISCUSSION:
During the development of the AASP there have been various iterations of the Land Use Concepts and numerous community and stakeholder meetings that have redesigned the project several times and additional coordination with other consultants on continuity of the City’s other Zoning Code and Economic Development Initiatives projects being developed simultaneously.